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   State Courts - Georgia - January 19, 2006

  
Wilburn v. State, A05A2280., COURT OF APPEALS OF GEORGIA, January 19, 2006, Decided
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Overview: Since a witness saw defendant holding a crowbar with blood smeared "all over him" and his hair "puffed out" with blood and tissue hanging in it, and a pawn shop manager testified that the victim's router was pawned by defendant, there was competent evidence to support defendant's convictions for, inter alia, aggravated assault with a deadly weapon.

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Yemane v. State, A05A2233., COURT OF APPEALS OF GEORGIA, January 19, 2006, Decided
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Overview: Denial of the motion to suppress was not error as there was some evidence to support the trial courts finding that consent to search was given. The trial court chose to disbelieve defendants witness and to believe the testimony of the police officers that they received consent to enter and to check the apartment.

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Young v. Oak Leaf Builders, Inc., A05A1920., COURT OF APPEALS OF GEORGIA, January 19, 2006, Decided
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Overview: Since the evidence was in conflict, the issue of waiver of a breach of contract claim had to be decided by a jury. Under the circumstances, a jury could reasonably find that the property owners did not intend to waive their right to demand workmanlike performance by proceeding with the closing and resulting payment to the construction company.

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