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| Bills v. State, A06A2405.,
COURT OF APPEALS OF GEORGIA, February 21, 2007, Decided
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Overview: With regard to the defendants conviction for robbery, in violation of O.C.G.A. § 16-8-40(a)(2), the victims testimony, standing alone, was sufficient to establish the elements of the offense, however, the victims testimony was corroborated by that of another witness, whose credibility was for the jury to have determined.
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| Chatman v. State, A06A2486.,
COURT OF APPEALS OF GEORGIA, February 21, 2007, Decided
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Overview: In a prosecution against defendant, while the trial court did not err by refusing to excuse two jurors for cause, as they could show their impartiality and decide the case based on the evidence presented, the kidnapping and false imprisonment offenses did not merge as a matter of fact, as such were not proven with the same facts.
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| Daugherty v. State, A06A2438.,
COURT OF APPEALS OF GEORGIA, February 21, 2007, Decided
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Overview: There was sufficient evidence that defendant, convicted under O.C.G.A. § 16-13-31, possessed a briefcase of cocaine. The briefcase was in the same room where an officer had bought cocaine from defendant no more than an hour before; the officer had seen other cocaine there; and defendant had gone there before admitting other officers to the house.
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| Grinold v. Farist, A06A2134,
COURT OF APPEALS OF GEORGIA, February 21, 2007, Decided
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Overview: Trial court properly granted summary judgment to a seller, in a buyer's negligence and nuisance action, as speculation as to what caused the buyer's fall was insufficient to sustain the former, and evidence was lacking that the seller created, continued, or maintained the alleged nuisance, or controlled the release of a discharge on the property.
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| Hopkins v. State, A06A2332.,
COURT OF APPEALS OF GEORGIA, February 21, 2007, Decided
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Overview: Although counsel was deficient in tendering a report into evidence when it contained an inadmissible numerical result of an alcohol test, there was no prejudice to a DUI defendant because of the overwhelming evidence of guilt, including defendant's being found asleep at an intersection, his admission to drinking, and his failing a sobriety test.
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| Martin v. State, A06A2072.,
COURT OF APPEALS OF GEORGIA, February 21, 2007, Decided
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Overview: After threatening to kill the victim, because defendant's actions in continuing to drive away, as the victim was caught on the outside of the car screaming, supported the crime of either aggravated or simple assault, and not simple negligence, the trial court did not err in rejecting a reckless conduct instruction.
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| Patrick v. Verizon Directories Corp., A06A2260.,
COURT OF APPEALS OF GEORGIA, February 21, 2007, Decided
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Overview: Because a couple's complaint premised on an erroneous listing in a telephone directory failed to allege any of the claims they sought to pursue, specifically, interfering with their right of quiet enjoyment of their property and nuisance, said complaint was properly dismissed as failing to state a claim upon which relief could be granted.
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| State v. McMillon, A06A2440.,
COURT OF APPEALS OF GEORGIA, February 21, 2007, Decided
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Overview: Given counsel's failure to interview any of the State's witnesses, present a viable defense, and adequately investigate whether the victim's death might have been an accident, the trial court did not abuse its discretion in awarding defendant a new trial based on the ineffective assistance of said counsel.
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| Williams v. State, A06A2473,
COURT OF APPEALS OF GEORGIA, February 21, 2007, Decided
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Overview: Defendant's rape, aggravated sodomy, and incest convictions were supported by sufficient evidence, and similar transaction evidence, which was admitted for a proper purpose. Moreover, his life imprisonment sentence as a recidivist child molester did not render O.C.G.A. § 16-6-4 (b) an unconstitutional ex post facto law.
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