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| Ferrell v. State, A06A2386.,
COURT OF APPEALS OF GEORGIA, February 6, 2007, Decided
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Overview: Defendant's convictions for aggravated battery and assault, in violation of O.C.G.A. § 16-5-21, were upheld on appeal where the evidence showed that defendant beat his girlfriend until she was unconscious and caused her seriously disfiguring injuries in the nature of a broken eye socket, broken nose and cheekbone, and other injuries.
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| Ford v. State, A06A2263.,
COURT OF APPEALS OF GEORGIA, February 6, 2007, Decided
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Overview: As sufficient evidence in support of an aggravated stalking charge authorized the jury to find that defendant's purpose was to harass and intimidate his wife, admission of an entire temporary protective order was proper, and counsel was not ineffective in his representation as to an aggravated assault charge, said convictions were upheld.
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| Fraser v. State, A07A0557.,
COURT OF APPEALS OF GEORGIA, February 6, 2007, Decided
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Overview: A trial court properly dismissed defendant's motion in limine to suppress evidence as untimely, pursuant to Ga. Unif. Super. Ct. R. 31.1, as to his trial for cocaine trafficking, since his failure to file a timely motion to suppress the evidence waived any right to claim that the search which produced the evidence was unconstitutional.
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| In the Interest of J.S., A06A1822.,
COURT OF APPEALS OF GEORGIA, February 6, 2007, Decided
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Overview: The word subsistence, as provided in O.C.G.A. § 15-11-8(a)(5), was held to include emergency medical treatment for a juvenile; therefore, a trial court erred in refusing to certify the medical bills sought to be reimbursed by the Georgia Department of Juvenile Justice from a county youth detention center.
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| In the Interest of S.R.M., A06A2354.,
COURT OF APPEALS OF GEORGIA, February 6, 2007, Decided
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Overview: The termination of a mother's parental rights, pursuant to O.C.G.A. § 15-11-94, was upheld on appeal where the evidence showed that the mother had never bonded with the child and the mother was repeatedly incarcerated. The determination that the child was deprived and that such deprivation was likely to continue was supported by the evidence.
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| Marcum v. Gardner, A06A2184.,
COURT OF APPEALS OF GEORGIA, February 6, 2007, Decided
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Overview: In light of the unresolved facts as to whether a monetary transfer between the parties was either a loan or an investment, and because the borrowers failed to affirmatively disprove the lender's claim that the transfer was a loan as he alleged, the trial court erred in granting summary judgment to the borrowers.
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| Mitchell v. State, A06A2229.,
COURT OF APPEALS OF GEORGIA, February 6, 2007, Decided
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Overview: Trial court erred in allowing an officer to identify defendant in two surveillance photographs, based on the officer's familiarity with defendant's appearance and absent a change in the same, as such invaded the province of the jury by tending to establish a fact which average jurors could decide on their own by drawing their own conclusions.
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| Read v. Ga. Power Co., A06A2098.,
COURT OF APPEALS OF GEORGIA, February 6, 2007, Decided
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Overview: Because it was clear that a lessor conveyed no ownership interest to a tenant, leaving that tenant with only a right to possess and use the leased property, the tenant did not own an interest in said property, and thus, could not pursue an easement by necessity under O.C.G.A. § 44-9-40. Hence, summary judgment in the lessor's favor was proper.
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| State v. Bingham, A06A2363. A06A2364.,
COURT OF APPEALS OF GEORGIA, February 6, 2007, Decided
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Overview: Suppression order was reversed, as a police officer had sufficient information from a dispatcher to investigate the specifics of a 911 call, and after he signaled for the vehicle to pull over, both men switched places. Hence, in addition, the officer had sufficient and particular facts to investigate the men for driving under influence.
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| TIG Specialty Ins. Co. v. Brown, A06A1710.,
COURT OF APPEALS OF GEORGIA, February 6, 2007, Decided
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Overview: A trial court erred in dismissing a request for a hearing sought by an employer's prior workers' compensation insurance carrier since an administrative law judge should have conducted a hearing on the issue presented by the carrier, namely, whether the next insurer for the employer was responsible for providing a claimant with benefits.
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