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| Blevins v. State, A06A1982.,
COURT OF APPEALS OF GEORGIA, February 22, 2007, Decided
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Overview: Trial court did not err in imposing a life sentence against defendant, as the State provided the required notice of its intent to seek recidivist punishment under O.C.G.A. § 17-10-2(a) to defendant's attorney, and the appeals court could presume that this information was communicated to defendant, especially when he did not contend otherwise.
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| CS-Lakeview at Gwinnett, Inc. v. Simon Prop. Group, Inc., A06A1841, A06A1842.,
COURT OF APPEALS OF GEORGIA, February 22, 2007, Decided
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Overview: Summary judgment was improperly denied to a former partner in breach of contract suit with regard to the suing former partner's unjust enrichment claim as the law of unjust enrichment applied only when there was no express contract between the parties and a written settlement agreement was at issue in the case.
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| Caremore, Inc./Wooddale Nursing Home v. Hollis, A06A1778.,
COURT OF APPEALS OF GEORGIA, February 22, 2007, Decided
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Overview: Trial court properly upheld the assessment of penalties against an employer its wilful failure to comply with Board rules, including its failure to timely file certain forms. Further, a meal subsidy was properly was properly included, upon the stipulation of the parties, in calculating the employee's average weekly wage and TTD benefits.
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| Cherry v. State, A06A2064.,
COURT OF APPEALS OF GEORGIA, February 22, 2007, Decided
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Overview: Counsel was not ineffective in not objecting to a charge defining sodomy on the ground that the jury could have convicted defendant of aggravated child molestation in a manner not alleged in the indictment. The only evidence of sodomy involving the child in question corresponded to the facts alleged; thus, an objection would have been meritless.
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| Dalton Paving & Constr., Inc. v. S. Green Constr. of Ga., Inc., A06A2414, A06A2415.,
COURT OF APPEALS OF GEORGIA, February 22, 2007, Decided
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Overview: A subcontractor was precluded from raising the claims of joint venture and piercing the corporate veil in a suit brought against a contractor since those claims were raised during the parties' arbitration and, therefore, were precluded. Additional claims for conspiracy and conversion should have been raised during the arbitration as well.
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| Espinosa v. State, A06A2425.,
COURT OF APPEALS OF GEORGIA, February 22, 2007, Decided
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Overview: Sufficient circumstantial evidence existed from defendants words, demeanor, companionship, and conduct before and after the crime to permit the jury to have concluded beyond a reasonable doubt that the State established the requisite intent to convict defendant of armed robbery of a convenience store clerk, in violation of O.C.G.A. § 16-8-41.
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| Gibson v. Thompson, A06A2118. A06A2146.,
COURT OF APPEALS OF GEORGIA, February 22, 2007, Decided
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Overview: Plaintiffs' malpractice claims were not tolled by O.C.G.A. § 9-3-96 and thus were time-barred by O.C.G.A. § 9-3-71. Plaintiffs, whose vision had deteriorated after laser surgery, had not shown that defendants' alleged fraud prevented them from knowing of their claims at the time when each consulted other specialists about their vision problems.
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| Hicks v. McGee, A06A1642.,
COURT OF APPEALS OF GEORGIA, February 22, 2007, Decided
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Overview: While O.C.G.A. § 9-3-33 and the doctrine of official immunity did not bar a former inmate's negligence claim against two court clerks, based on their alleged failure to communicate the inmate's sentence to the Department of Corrections, the clerks were entitled to sovereign immunity to the extent that they were sued in their official capacity.
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| Renkiewicz v. State, A06A1871.,
COURT OF APPEALS OF GEORGIA, February 22, 2007, Decided
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Overview: Because sufficient evidence supported defendant's conviction of driving under the influence to the extent that she was a less-safe driver, her motion for a new trial was properly denied. Further, the fact that she was found not guilty of failing to maintain her lane was not a reason to attack the verdict.
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| Santana v. State, A06A2061.,
COURT OF APPEALS OF GEORGIA, February 22, 2007, Decided
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Overview: Telephone records were properly admitted under O.C.G.A. § 24-3-14. The testimony of the telephone company's records custodian provided the necessary foundation for the records to be introduced into evidence, and the custodian's lack of personal knowledge as to how the records were actually printed out affected their weight, not their admissibility.
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