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| Harris v. State, A06A1904.,
COURT OF APPEALS OF GEORGIA, February 1, 2007, Decided
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Overview: Sufficient evidence existed to uphold defendant's rape conviction under O.C.G.A. § 16-6-1(a)(1), because the victim testified at trial that defendant held a gun to her head and ordered her to have sex with him as well as threatened the victim's children if the victim did not comply.
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| Hartley v. State, A06A2324.,
COURT OF APPEALS OF GEORGIA, February 1, 2007, Decided
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Overview: Because no compelling reason existed to grant a continuance of defendant's trial, and defendant failed to show that but for counsel's alleged inactions, the outcome of his trial would have been different or aided in his defense, his conviction for trafficking in methamphetamine was upheld on appeal.
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| In the Interest of K.W., A07A0156.,
COURT OF APPEALS OF GEORGIA, February 1, 2007, Decided
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Overview: Given a previous deprivation finding, which was not appealed, the mother's continued addiction to crack cocaine, and her failure to establish her present fitness, her parental rights were properly terminated. Also, placement with the maternal great aunt was rejected, based on a prior relinquishment of custody and the stable foster-care placements.
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| In the Interest of S.C., A06A2312.,
COURT OF APPEALS OF GEORGIA, February 1, 2007, Decided
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Overview: Because the appealing parents failed to assert in their appeal that the juvenile court erred in denying their motion to rescind and re-enter a dismissal order but instead challenged specific rulings the court entered in the deprivation proceedings, denial of the motion to rescind and re-enter was affirmed on appeal.
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| Kirkland v. Tamplin, A07A0663.,
COURT OF APPEALS OF GEORGIA, February 1, 2007, Decided
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Overview: Under the prior pending litigation doctrine, dismissal of a second fraud and breach of contract action in a separate county was proper, and the two cases were not filed simultaneously. Also, absent a showing of bias against a first judge, his recusal was unwarranted, and a second judge's demeanor at the recusal hearing did not support his recusal.
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| Lake v. Young Harris Alumni Found., Inc., A07A0487.,
COURT OF APPEALS OF GEORGIA, February 1, 2007, Decided
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Overview: Trial court properly granted summary judgment to a foundation, in an action between it and an individual as to who was entitled to legal beneficiary status under two annuities issued to a decedent, as the decedent failed to comply with the specific requirements outlined by both annuities to designate the individual as the changed beneficiary.
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| Lee v. State, A06A1820.,
COURT OF APPEALS OF GEORGIA, February 1, 2007, Decided
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Overview: Because sufficient evidence existed that an attorney refused to obey the trial court's order that he represent his client by participating in the pending trial, and the attorney made no showing that there was anything inaccurate about the transcript, the trial court was authorized to summarily find the attorney guilty of criminal contempt.
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| Muckle v. State, A06A2391.,
COURT OF APPEALS OF GEORGIA, February 1, 2007, Decided
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Overview: Trial court properly denied defendant's motion to withdraw his guilty plea, as (1) his trial counsel was not ineffective; (2) no evidence of coercion was presented; (3) if defendant proceeded to trial, his counsel would have been prepared; and (4) defendant elected not to pursue his motion for replacement counsel.
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| Orr v. State, A06A1849.,
COURT OF APPEALS OF GEORGIA, February 1, 2007, Decided
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Overview: Because a charge of misdemeanor statutory rape was not supported by the evidence, defendant's requested charge set forth an incorrect principle of law within the context of the case, and the sentence imposed by the court fell within the statutory range, both a felony statutory rape conviction and sentence imposed were upheld on appeal.
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| Perdue v. Athens Tech. College, A07A0192.,
COURT OF APPEALS OF GEORGIA, February 1, 2007, Decided
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Overview: The dismissal of plaintiff's negligence suit against a college was properly dismissed for lack of subject matter jurisdiction since plaintiff's ante litem notice, pursuant to O.C.G.A. § 50-21-26(a)(5)(E), failed to set forth the amount of loss claimed and previous correspondence sent to the college was not considered part of the notice.
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