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| Baughcum v. State, A06A0261.,
COURT OF APPEALS OF GEORGIA, February 28, 2006, Decided
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Overview: Trial court properly denied defendant's motion for mistrial on basis that witness mentioned before the jury that defendant had been in jail for failing to pay child support where, among other things, the comments were relatively brief, were not elicited by prosecution or trial court, and trial court promptly gave proper curative instructions.
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| De Louis v. Sheppard, A05A1906.,
COURT OF APPEALS OF GEORGIA, February 28, 2006, Decided
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Overview: Entry of protective order in favor of a resident against her neighbor was supported by evidence that the neighbor had, inter alia, blared loud music at the resident's home, put his hand in his trousers or grabbed his crotch and made lewd motions towards the resident, and once gestured in this way towards resident's daughter and a male visitor.
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| EHCA Dunwoody, LLC v. Daniel, A05A2141.,
COURT OF APPEALS OF GEORGIA, February 28, 2006, Decided
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Overview: Patient who was allergic to latex alleged hospitals negligent use of latex catherter caused her to develop interstitial cystitis (IC). Though her expert admitted causes of IC were unknown, his testimony that allergic reactions triggered patient's IC was sufficient evidence of causation to justify trial court's denial of hospital's j.n.o.v. motion.
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| Green v. Home Depot U.S.A., Inc., A05A2096.,
COURT OF APPEALS OF GEORGIA, February 28, 2006, Decided
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Overview: True basis for liability based on a duty imposed by statute was the superior knowledge of risk on the part of a proprietor. Where no evidence was presented that hardware store had actual knowledge that hazard existed, summary judgment for hardware store was proper in claim for damages arising from an incident where a box fell on injured person.
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| In the Interest of K.A.P., A05A2332.,
COURT OF APPEALS OF GEORGIA, February 28, 2006, Decided
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Overview: Mother did not object to trial court's procedure at the end of her termination hearing in asking her to submit to drug screen, and thus she waived any objection to consideration of the results of that test. Sufficient evidence supported the termination order and the finding that the mother engaged in continued and unrehabilitated drug abuse.
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| Jackson v. State, A06A0624.,
COURT OF APPEALS OF GEORGIA, February 28, 2006, Decided
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Overview: Accusation which alleged that defendant possessed writing that as made purported to have been made by another person was born out by trial evidence that defendant endorsed check made out to someone else with that person's name, and included a false social security number on the back of the check. Forgery conviction was supported by the evidence.
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| Kay v. W.B. Anderson Feed & Poultry Co., A05A2204.,
COURT OF APPEALS OF GEORGIA, February 28, 2006, Decided
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Overview: Trial court erred in finding that contract did not contain sufficient description of land to be sold where, inter alia, contract described land as two land lots of specific district and section, designated tax assessor's map and parcel number, and referred to plat book and page number, which described property and referred to a survey plat.
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| Kelly v. State, A05A1750.,
COURT OF APPEALS OF GEORGIA, February 28, 2006, Decided
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Overview: Admission of defendant's statement to an agent was properly admitted where defendant signed a Miranda waiver before making the statement, where agent testified that defendant appeared to understand his rights, was not under influence of alcohol or drugs, and responded appropriately. Defendant agreed that no promises or threats were made.
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| Mabra v. Deutsche Bank & Trust Co. Americas, A05A1890.,
COURT OF APPEALS OF GEORGIA, February 28, 2006, Decided
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Overview: None of the facts asserted by widow provided constructive notice of a flaw in chain of title arising from a claimed forged quitclaim deed to her house. Deed was regular on its face and duly recorded. Bank, as assignee of the mortgage on the house, had no reason to suspect a title defect and was entitled to same protection as a bona fide purchaser.
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| Nelson v. State, A05A1778.,
COURT OF APPEALS OF GEORGIA, February 28, 2006, Decided
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Overview: Sufficient evidence supported aggravated assault convictions, under O.C.G.A. § 16-5-21(a), but an aggravated assault merged into kidnapping with bodily injury, for sentencing. An alternate's presence when the jury deliberated, contrary to O.C.G.A. § 15-12-171, was waived, and counsel's failures to object to testimony were allowable trial strategy.
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