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| Berry v. City of E. Point, A06A0253, A06A0254.,
COURT OF APPEALS OF GEORGIA, February 17, 2006, Decided
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Overview: Because a trial court properly required two intervenors to post a surety bond pursuant to O.C.G.A. § 50-15-2 with regard to their challenge of public improvement bonds issued by a city, the appellate court dismissed their appeal as all procedural requirements were met by the validation court in a proceeding wherein the intervenors had participated.
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| Dixon v. State, A06A0496.,
COURT OF APPEALS OF GEORGIA, February 17, 2006, Decided
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Overview: Because defendant acted as lookout and immediately alerted an unidentified male driver to the presence of a police officer, resulting in the unidentified male's escaping, the evidence was sufficient to convict defendant of aiding or abetting the unidentified male in the crime of theft by receiving, in violation of O.C.G.A. §§ 16-2-20, 16-8-7(a).
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| In the Interest of A.J.M., A05A1976.,
COURT OF APPEALS OF GEORGIA, February 17, 2006, Decided
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Overview: Given that service of process by a correctional officer, acting under the direction of the court, on an incarcerated father was proper, the juvenile court had personal jurisdiction over the father. Further, venue was properly found in the county where the child acquired legal residence and where the Department obtained legal custody over the child.
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| In the Interest of J.S.B., A06A0522.,
COURT OF APPEALS OF GEORGIA, February 17, 2006, Decided
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Overview: Termination of a mother's parental rights pursuant to O.C.G.A. § 15-11-94 was improper because, while evidence showed that mother neglected to take medication for mild mental retardation and that she was unable to maintain stable home environment, there was insufficient evidence to show that deprivation was likely to cause serious harm to children.
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| In the Interest of P.M.H., A05A1704.,
COURT OF APPEALS OF GEORGIA, February 17, 2006, Decided
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Overview: Where officer heard bag that contained dime bags of marijuana fall from where defendant, who was in custody, was walking and where later search of defendant revealed empty baggies, because circumstantial evidence tended to prove offense of possession with intent to distribute marijuana, State was not required to tender illegal drugs at trial.
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| Linzy v. State, A05A2000.,
COURT OF APPEALS OF GEORGIA, February 20, 2006, Decided
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Overview: Conviction for voluntary manslaughter was supported by sufficient evidence. While defendant contended that his act of repeatedly striking victim with piece of wood was done in self-defense, jury could have found either that defendant's actions were not justified because he used excessive force or that he did not act in self-defense after first hit.
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| Morgan v. State, A05A1949.,
COURT OF APPEALS OF GEORGIA, February 20, 2006, Decided
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Overview: A trial court did not err in considering defendant's earlier DUI conviction at sentencing after it had considered it during the guilt-innocence phase of defendant's trial. Nothing in O.C.G.A. § 17-10-7 prohibited prior convictions used in the guilt-innocence phase of trial from being used again at sentencing.
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| Playnation Play Sys. v. Hammer, A06A0022.,
COURT OF APPEALS OF GEORGIA, February 20, 2006, Decided
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Overview: Bankruptcy court judgment in a case brought by a creditor finding that the debtor transferred property with the intent to hinder, delay, or defraud creditors entitled creditor to summary judgment, pursuant to collateral estoppel, in its state court fraud case against the debtor seeking damages for the fraudulent conveyance of the property.
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| Sweeney v. Branigar Props., A06A0050.,
COURT OF APPEALS OF GEORGIA, February 20, 2006, Decided
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Overview: Suit against company to recover damages resulting from enactment of restrictive covenant requiring subdivision's property owners to pay transfer fee when they sold their property was properly dismissed since company did not create transfer fee, and its act in eliminating delayed effective date requirement was not proximate cause of owner's damages.
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