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| Baker v. State, A05A2071. A05A2072.,
COURT OF APPEALS OF GEORGIA, February 8, 2006, Decided
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Overview: Where defendant was not committing a crime when he was stopped and a confidential informant's tip as to drug transaction, upon which the police premised the stop, was too vague as to time, vehicle description, and different drugs were found in defendant's car and house, the trial court should have granted defendant's motion to suppress.
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| Howell v. State, A05A2239.,
COURT OF APPEALS OF GEORGIA, February 8, 2006, Decided
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Overview: Trial court properly denied defendant's motion for a mistrial pursuant to O.C.G.A. § 24-9-80 during trial on a charge of child molestation, as the trial court took remedial measures to cure testimony which tended to bolster the victim's credibility, by giving an instruction concerning improper bolstering of another witness's credibility.
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| Mowell v. Marks, A05A2168.,
COURT OF APPEALS OF GEORGIA, February 8, 2006, Decided
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Overview: Trial court erred in granting summary judgment to defendants, a property owner and party guests, as to claims by plaintiff, a mother, that they provided alcohol to the mother's deceased minor daughter in violation of O.C.G.A. § 51-1-18(a), as there was a triable issue of fact as to whether defendants provided alcohol to the deceased minor.
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| Henderson v. State, A05A1821.,
COURT OF APPEALS OF GEORGIA, February 9, 2006, Decided
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Overview: Where sentencing judge clearly stated that long sentence was due to the extreme violence of defendant's acts, defendant could not show that counsel's ineffectiveness in allowing judge to learn about two prior, minor misdemeanors had prejudiced his outcome.
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| Middlebrooks v. State, A06A0030.,
COURT OF APPEALS OF GEORGIA, February 9, 2006, Decided
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Overview: Defendant's conviction of identity fraud, O.C.G.A. § 16-9-121, was reversed because the State failed to establish the victim's place of residence or the site where a credit card was stolen, and thus venue was not properly established as required by O.C.G.A. § 16-9-125.
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| Roberson v. State, A06A0069. A06A0070.,
COURT OF APPEALS OF GEORGIA, February 9, 2006, Decided
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Overview: A show-up identification by an assault victim was reasonable and fair where it was conducted within one hour of the victim's escape, the police took care in shielding defendants' vehicle, and defendants were shown one-by-one to the victim thereby making sure the show-up was not impermissibly suggestive.
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| Rodgers v. GMC, A05A2212.,
COURT OF APPEALS OF GEORGIA, February 9, 2006, Decided
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Overview: Trial court erred in granting summary judgment to a vehicle manufacturer as to a purchaser's claim for breach of warranty, as the purchaser did not waive his right to bring the breach of warranty claims by engaging in arbitration proceedings under the Motor Vehicle Warranty Rights Act, O.C.G.A. §§ 10-1-786(1) and 10-1-794.
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| Brown v. Columbus Doctors Hosp., Inc., A05A2292.,
COURT OF APPEALS OF GEORGIA, February 10, 2006, Decided
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Overview: In a wrongful death action against a hospital and others, a new trial was warranted after the trial court failed to ferret out a challenged juror's bias, as his answers in voir dire did nothing to assure that he could be free from prejudice or partiality based on his financial and working relationship with a hospital.
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| Williams v. State, A05A2319.,
COURT OF APPEALS OF GEORGIA, February 10, 2006, Decided
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Overview: Principles of judicial estoppel and law of the case precluded defendant from challenging trial court's imposition of his original sentence on him, after defendant had successfully challenged a modified sentence he had sought earlier.
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