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   State Courts - Georgia - February 26, 2007

  
Biggs v. State, S06A1512., SUPREME COURT OF GEORGIA, February 26, 2007, Decided
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Overview: As to defendant's convictions for malice murder and other crimes, the trial court's allowance of evidence regarding a prior 1989 offense as similar evidence was not clearly erroneous since both crimes shared several similarities, including defendant knocking and forcing his way into the victims' homes and shooting the victims at close range.

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Blue Moon Cycle, Inc. v. Jenkins, S06G1136., SUPREME COURT OF GEORGIA, February 26, 2007, Decided
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Overview: As it was undisputed that a check delivered for payment was subsequently dishonored, said actions fell within the purview of O.C.G.A. § 16-9-20. Hence, upon compliance with the notice requirements therein, defendants were entitled to immunity on claims of false arrest and malicious prosecution claims alleged against them.

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Crane v. State, S06A1579., SUPREME COURT OF GEORGIA, February 26, 2007, Decided
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Overview: Because the trial court's order denying defendant's motion to dismiss an indictment filed against him, in which he alleged that he was immune from prosecution under O.C.G.A. § 16-3-24.2, was not a final appealable order, and no other reason under O.C.G.A. § 5-6-34 was presented allowing an appeal from the same, his appeal was dismissed.

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Crowder v. Crowder, S06F1572., SUPREME COURT OF GEORGIA, February 26, 2007, Decided
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Overview: Trial court properly exercised its discretion in entering an equitable distribution order, and inasmuch as the issues on appeal depended upon the factual determinations made by the trial court as fact-finder, and neither party asked the trial court to make factual findings, such was not improper as a matter of law or fact.

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Ewing v. City of Atlanta, S06A1988., SUPREME COURT OF GEORGIA, February 26, 2007, Decided
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Overview: A trial court erred in granting the motion to dismiss filed by a city and its police chief with regard to a police lieutenant's complaint seeking damages and mandamus relief after being denied authorization to engage in outside employment since the allegations in the complaint sufficiently alleged that the city did not properly deny the request.

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Ferdinand v. Bd. of Comm'rs, S06A1860., SUPREME COURT OF GEORGIA, February 26, 2007, Decided
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Overview: Because a county tax commissioner's employees were within the county's civil service system, the county was properly granted summary judgment as to said issue, in essence upholding a decision by the county's personnel director refusing to implement raises to said employees as the commissioner sought.

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Guyton v. State, S06A1532. S06A1533. S06A1534. S06A1535. S06A1537., SUPREME COURT OF GEORGIA, February 26, 2007, Decided
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Overview: Defendants' convictions for felony murder and burglary were upheld on appeal where the State produced both direct and circumstantial evidence to prove that defendants rode together in a truck and participated in the invasion of the victim's house and no error raised by any defendant on appeal was found to have had any merit.

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Hawes v. State, S06A1917., SUPREME COURT OF GEORGIA, February 26, 2007, Decided
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Overview: Because the transcript of an inmate's guilty plea hearing failed to demonstrate that he was expressly informed of and voluntarily waived his privilege against compulsory self-incrimination, an order denying his petition for a writ of habeas corpus was reversed.

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Hill v. State, S06A1714., SUPREME COURT OF GEORGIA, February 26, 2007, Decided
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Overview: While sufficient evidence supported defendant's felony murder, kidnapping, and other related convictions as a party to said crimes, thus supporting an order denying him a new trial, error was found in the sentence imposed, as the trial court should have all but three of the seven counts of possession of a firearm during the commission of a crime.

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In re Baska, S07Z0422., SUPREME COURT OF GEORGIA, February 26, 2007, Decided
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Overview: The Board to Determine Fitness of Bar Applicants properly denied an application to practice law after an investigation under Ga. Sup. Ct. R. Admis. Prac. L. pt A, § 6. The record supported the determination that the applicant lacked candor and that the behavior leading to revocation of his medical license demonstrated a lack of fitness to practice.

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