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| Auto Doors, Inc. v. Zivoluba, A05A2268.,
COURT OF APPEALS OF GEORGIA, January 19, 2006, Decided
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Overview: In a wrongful death action, because parties existed who were entitled to bring an action under O.C.G.A. § 51-4-4, it followed that an administratrix did not have standing to pursue the action under O.C.G.A. § 51-4-5. The trial court erred in denying a motion to dismiss the administratrix's complaint and in granting her motion to strike.
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| Hewell v. State, A05A1787.,
COURT OF APPEALS OF GEORGIA, January 19, 2006, Decided
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Overview: Defendant waived his right to assert on appeal that the State failed to comply with the speedy trial requirement of O.C.G.A. § 17-7-170(b) by his guilty plea to aggravated assault and possession of a firearm by a convicted felon even though he attempted to reserve that right prior to his plea.
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| Kim v. Park, A06A0437.,
COURT OF APPEALS OF GEORGIA, January 19, 2006, Decided
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Overview: Declaratory judgment that the parties had never agreed to waive the post-judgment interest and that $ 73,459.21 was due and owing was proper. The elements for equitable estoppel were not proven.
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| Mayo v. State, A05A2156.,
COURT OF APPEALS OF GEORGIA, January 19, 2006, Decided
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Overview: Evidence sufficiently supported defendant's convictions for possession of marijuana and possession of cocaine with intent to distribute, both in violation of O.C.G.A. § 16-13-30, as packaging of cocaine supported intent to distribute conviction and defendant did not brief issue of sufficiency of evidence to support marijuana possession conviction.
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| Mobley v. State, A05A1914.,
COURT OF APPEALS OF GEORGIA, January 19, 2006, Decided
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Overview: Defense counsel was not ineffective for not adequately researching the issue of eyewitness identification, as he vigorously cross-examined an officer about the lineup procedure he used, and he believed the various scientific theories on eyewitness identification would not help because defendant had admitted to being at the crime scene.
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| Moss v. State, A05A1852.,
COURT OF APPEALS OF GEORGIA, January 19, 2006, Decided
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Overview: In a prosecution of defendant for trafficking in cocaine, because a confidential informant was not an accomplice, corroboration of the informant's testimony was not required; even if corroboration had been necessary, it was supplied by the testimony of a police officer and a federal agent.
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| Moye v. State, A05A1742.,
COURT OF APPEALS OF GEORGIA, January 19, 2006, Decided
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Overview: Trial court did not err in overruling defendant's objection to the State's allegedly improper remark during closing argument of his trial for armed robbery, O.C.G.A. § 16-8-41; he did not object when State previously mentioned his arrests in closing argument and such information had already come out during proper cross-examination of a witness.
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| Norris v. State, A06A0377.,
COURT OF APPEALS OF GEORGIA, January 19, 2006, Decided
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Overview: Since defendant was explicitly told that he could be sentenced to 90-years imprisonment, and he confirmed that he understood that and that if he were dissatisfied with the court's sentence he would not have the right to withdraw his plea, the court properly denied his motion to withdraw after he was sentenced to 60 years.
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| Wallace v. State, A05A1998.,
COURT OF APPEALS OF GEORGIA, January 19, 2006, Decided
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Overview: The police investigators testimony that defendant held a three-inch knife to his throat amply supported the jurys verdict, pursuant to O.C.G.A. § 24-4-8, that defendant was guilty of armed robbery and possession of a knife during the commission of a felony.
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| Ward v. Bergen, A05A1688.,
COURT OF APPEALS OF GEORGIA, January 19, 2006, Decided
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Overview: Plaintiff alleged doctor failed to diagnose and recommend treatment for her precancerous condition. As jury issue existed as to when her cancer developed and metastasized, and whether she any cancer symptoms more than two years before filing suit, court erred in finding as matter of law that her claims were time-barred under O.C.G.A. § 9-3-71(a).
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