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| Amin v. State, A06A2286,
COURT OF APPEALS OF GEORGIA, March 1, 2007, Decided
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Overview: Trial court did not err in denying defendant's motion to suppress the statement he made at the scene, and field sobriety evaluations, as a reasonable person in his position, with no criminal guilt, would not have his freedom had been more than temporarily curtailed by the investigation.
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| Anderson v. Commonwealth Land Title Ins. Co., A06A1758.,
COURT OF APPEALS OF GEORGIA, March 1, 2007, Decided
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Overview: In a breach of contract action, summary judgment was properly granted to a title insurer that failed to defend condominium unit owners against a quiet title suit. Neither a plat nor the condominium declaration under O.C.G.A. § 44-3-82(a) indicated that a courtyard was a limited common element for the exclusive use of the owners' unit.
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| Ellis v. State, A06A1787.,
COURT OF APPEALS OF GEORGIA, March 1, 2007, Decided
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Overview: Given that defendant left both of his toddlers unattended, resulting in one going outside in near freezing weather without the proper clothing, causing that child's body temperature to drop two degrees, his two convictions on counts of contributing to the deprivation of a minor were upheld. Further, pretrial statements made were properly admitted.
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| Gonzalez v. State, A06A2392.,
COURT OF APPEALS OF GEORGIA, March 1, 2007, Decided
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Overview: Defendant's ineffective assistance claim failed. Because defendant testified at trial consistent with the content of her statements, she had not demonstrated that the result of her trial would have been different if counsel had requested an instruction on the voluntariness of her statements; and an officer's testimony did not amount to bolstering.
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| Holloway v. State, A06A2168.,
COURT OF APPEALS OF GEORGIA, March 1, 2007, Decided
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Overview: Trial court did not improperly limit defendant's right to a thorough and sifting cross-examination. Defendant had been able to question an officer extensively regarding his recollection of the incident, several other arrests, and inaccuracies in his reports before the trial court eventually restricted his questioning about reports in other cases.
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| In the Interest of M.D., A06A1686.,
COURT OF APPEALS OF GEORGIA, March 1, 2007, Decided
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Overview: As clear and convincing evidence existed that: (1) a mother's acknowledged psychological disorder, which she admitted she often attempted to control without medication, caused her to have delusions; and (2) the father, knowing the mother's condition, left the child at issue in her care, an order finding the child was deprived was upheld on appeal.
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| Jones v. State, A06A1909.,
COURT OF APPEALS OF GEORGIA, March 1, 2007, Decided
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Overview: As evidence of defendant's prior drug use, and history of crimes committed against his family fueled by the same, was properly admitted as relevant to the crime's charged, and the appeals court had previously upheld a jury charge to believe the witness best entitled to belief, his aggravated assault and assault convictions were upheld.
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| Jones v. State, A06A2388.,
COURT OF APPEALS OF GEORGIA, March 1, 2007, Decided
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Overview: Defendant's Sixth Amendment speedy trial right had been violated. Her failure to timely assert her right was mitigated by the fact that she had been appointed five lawyers through no fault of her own, and she had been prejudiced by the loss of an informant whose testimony could have shown that she was not involved in the drug dealing at the scene.
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| Lawyers Title Ins. Corp. v. New Freedom Mortg. Corp., A06A2266.,
COURT OF APPEALS OF GEORGIA, March 1, 2007, Decided
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Overview: A title insurer was entitled to a new trial on an indemnification claim brought against it by a lender. A jury charge stated that fraud could be established without proof of fraudulent intent, but the language fraud or dishonesty in a closing protection letter referred to actual fraud, not constructive fraud, and the error was not harmless.
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| Lee v. State, A06A2239.,
COURT OF APPEALS OF GEORGIA, March 1, 2007, Decided
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Overview: Because sufficient evidence existed to support defendant's identity fraud conviction, the jury was properly charged, the indictment sufficiently advised defendant of the charge and allowed him to present a defense, the maximum sentence was not unlawful, and no evidence of illegal plea bargaining tactics was presented, such conviction was upheld.
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