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| Anaya-Plasencia v. State, A06A1919.,
COURT OF APPEALS OF GEORGIA, February 23, 2007, Decided
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Overview: Even assuming a trial court's restriction of cross-examination of a detective was erroneous with regard to defendant's conviction of involuntary manslaughter, since there was overwhelming evidence of defendant's guilt, including the uncontroverted evidence that he brandished and fired the weapon at the deceased victim, the error was harmless.
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| Britton v. Farmer, A06A2304.,
COURT OF APPEALS OF GEORGIA, February 23, 2007, Decided
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Overview: When a worker was injured by falling through an opening on the second story of a house, it was error to grant summary judgment to the house's buyers and sellers in a suit under O.C.G.A. § 51-3-1. The worker's admission that he would have seen the opening had he looked up did not establish as a matter of law his failure to exercise ordinary care.
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| Eady v. State, A06A1873.,
COURT OF APPEALS OF GEORGIA, FIRST DIVISION, February 23, 2007, Decided
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Overview: Although defendant's request to a police deputy to "get rid of" drugs found in defendant's car was not released to defendant as required by O.C.G.A. § 17-16-4(a)(1), exclusion of the statement from evidence was not warranted under O.C.G.A. § 17-16-6 where defendant did not seek a continuance and did not show prejudice or bad faith.
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| Gerben v. Beneficial Ga., Inc., A06A2501.,
COURT OF APPEALS OF GEORGIA, February 23, 2007, Decided
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Overview: There was an enforceable contract between a creditor and a debtor under O.C.G.A. § 13-3-1. A check signed by the debtor contained words on both sides indicating that by signing it, the debtor was accepting a credit agreement, which included terms regarding interest, when payments were to be made and how they were to be calculated, and default.
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| Hammontree v. State, A06A2367.,
COURT OF APPEALS OF GEORGIA, February 23, 2007, Decided
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Overview: Admission of evidence regarding defendant's conduct during a night and the next morning when a victim slept over at his house was proper without notice and a hearing under Ga. Unif. Super. Ct. R. 31.3, as it was part of the res gestae of defendant's child molestation conduct, which occurred when he showed the victim his penis.
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| In the Interest of B.S., A06A1777.,
COURT OF APPEALS OF GEORGIA, February 23, 2007, Decided
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Overview: The termination of a mother's parental rights to her son was upheld on appeal since the mother stipulated to depriving the child, had a mental disability which prevented her from giving the child the proper care in light of his special needs, and the mother continued her relationship with her boyfriend who had sexually abused the child.
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| Royal Indemnity. Co. v. Ga. Insurers Insolvency Pool, A06A2454.,
COURT OF APPEALS OF GEORGIA, February 23, 2007, Decided
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Overview: As a notice to controvert was filed by a temporary employer, and a hearing was never held regarding that employer's liability for its temporary employee's claim, the trial court lacked subject matter jurisdiction to order the payment of workers' compensation benefits to that employee or to determine whether O.C.G.A. § 33-36-14(a) applied.
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| Smith v. State, A06A1765.,
COURT OF APPEALS OF GEORGIA, February 23, 2007, Decided
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Overview: As the admission of prejudicial hearsay testimony regarding the victim's ministry ordination certificates was harmless error, given the overwhelming evidence of defendant's guilt, his voluntary manslaughter conviction, as a lesser-included offense of murder, was upheld on appeal. Hence, his motion for a new trial was properly denied.
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