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| Appling v. State, S06A1837. S06A1838.,
SUPREME COURT OF GEORGIA, February 5, 2007, Decided
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Overview: A trial court did not abuse its discretion by denying appellants' joint motion to sever their trials, pursuant to O.C.G.A. § 17-8-4 since, even if the motion would have been granted, appellants would have testified at each other's separate trials and related the same testimony that pointed the finger of guilt at the other.
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| Banta v. State, S06A2032.,
SUPREME COURT OF GEORGIA, February 5, 2007, Decided
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Overview: Because O.C.G.A. § 16-10-20 was not unconstitutionally vague, and the rule of lenity did mean that defendant's unlawful act of filing a false report could have also been charged as misdemeanor obstruction of a police officer, his conviction for filing a false statement to a government agency, a felony, contrary to § 16-10-20 was upheld on appeal.
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| Castillo v. State, S06A1807.,
SUPREME COURT OF GEORGIA, February 5, 2007, Decided
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Overview: Appellant failed to show ineffective assistance of counsel by the trial court's admission of a notebook containing song lyrics since appellant failed to show that the trial court's admission of the notebook would have constituted an abuse of its discretion had defense counsel voiced an objection.
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| Ekeledo v. Amporful, S06A1846.,
SUPREME COURT OF GEORGIA, February 5, 2007, Decided
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Overview: Sellers under a real estate contract that contained a merger clause were not entitled under O.C.G.A. § 53-12-93 to impose a constructive trust against the buyer based on the buyer's alleged oral misrepresentations. By affirming the contract, the sellers had effectively disclaimed these misrepresentations and ratified the transfer of the property.
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| Hicks v. State, S07A0224.,
SUPREME COURT OF GEORGIA, February 5, 2007, Decided
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Overview: Trial court properly denied defendant's motion for an out-of-time appeal, as such failed to show any meritorious ground, and the failure to timely file an appeal did not result from the ineffective assistance of trial counsel, as the issues raised therein lacked merit.
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| Hohman v. State Farm Fire & Cas. Auto. Ins. Co., A06A2107.,
COURT OF APPEALS OF GEORGIA, February 5, 2007, Decided
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Overview: A grant of summary judgment to an insurer in an insured's uninsured motorist claim pursuant to O.C.G.A. § 33-7-11, arising from a motor vehicle accident that occurred when the car in front of the insured swerved to avoid a ladder in the road, was proper, as there was no evidence that the ladder fell from an unknown vehicle onto the roadway.
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| Humphrey v. State, S06A2049.,
SUPREME COURT OF GEORGIA, February 5, 2007, Decided
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Overview: A trial court properly allowed testimony, under the necessity exception to hearsay, of a recorded police interview from a former cell mate of defendant relaying a conversation shortly before the murder for which defendant was charged as the admission was harmless in that overwhelming evidence existed as to defendant's guilt.
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| In the Matter of Maddux, S06Y1058.,
SUPREME COURT OF GEORGIA, February 5, 2007, Decided
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Overview: Supreme Court of Georgia accepted a report recommending that an attorney be suspended for non-concurrent period of 30 days, as reciprocal discipline to that entered by the State of Tennessee, pursuant to Ga. St. Bar R. 4-102(d):9.4(b)(3), for the attorney's acts of converting funds from his law partnership over a three-year period.
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| Johnson v. State, A06A1685.,
COURT OF APPEALS OF GEORGIA, February 5, 2007, Decided
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Overview: Possession of cocaine conviction was upheld on appeal, as the evidence sufficiently showed that it was more likely than not that defendant, a passenger in a moving vehicle, possessed the cocaine which was tossed out the passenger-side window. Further, defendant's sentence met the requirements for confinement in a probation detention center.
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