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| Annaswamy v. State, A06A2018.,
COURT OF APPEALS OF GEORGIA, March 7, 2007, Decided
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Overview: Given a valid waiver of both the right to counsel and to a jury trial, and sufficient evidence supporting convictions of driving under the influence of alcohol to the extent that defendant was a less safe driver and driving under the influence of alcohol per se, the latter was not reversed because only one breath test was testified to by the State.
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| Athens Newspapers, LLC v. Unified Gov't, A06A1786.,
COURT OF APPEALS OF GEORGIA, March 7, 2007, Decided
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Overview: Under a strict construction of the Open Records Act (Act), and because no active or ongoing investigation in a 1992 rape and murder case existed, a newspaper was entitled to disclosure of the records the county maintained. Further, to allow the county to indefinitely withhold said records violated the clear legislative purpose behind the Act.
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| Backensto v. Ga. DOT, A06A2361.,
COURT OF APPEALS OF GEORGIA, March 7, 2007, Decided
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Overview: Because the trial court dismissed a couple's damages complaint against the Department of Transportation without a clear finding as to whether actual prejudice was based on the expiration of the statute of limitations or some other facts before it, remand was ordered for the court to make said determination before resorting to dismissal.
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| Banks v. AJC Intl., Inc., A06A2139,
COURT OF APPEALS OF GEORGIA, March 7, 2007, Decided
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Overview: Because the employer of a driver was not responsible for the personal activities the employee was involved in at the time of the fatal accident that killed the decedent, and the special mission exception did not apply, the employer was properly granted summary judgment in a suit filed against it by the decedent's estate and survivors.
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| Collins v. City of Summerville, A06A2421.,
COURT OF APPEALS OF GEORGIA, March 7, 2007, Decided
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Overview: A park user who fell from a swing had not shown that a city had actual knowledge of a dangerous condition under O.C.G.A. § 51-3-25. There was no evidence that any city employee had read instructions about the swing; newspaper articles did not convey such knowledge; and replacing equipment in 1999 was not probative of actual knowledge in 2003.
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| Cuyler v. Allstate Ins. Co., A07A0461.,
COURT OF APPEALS OF GEORGIA, March 7, 2007, Decided
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Overview: Summary judgment in an insured's action for damages against his insurer arising out of a car accident was upheld, as his constitutional right to a jury trial was not infringed, nothing improper resulted from directing the insurer's counsel to draft the summary judgment order, and the insured was not entitled to coverage he did not pay for.
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| Giles v. State, A06A2013.,
COURT OF APPEALS OF GEORGIA, March 7, 2007, Decided
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Overview: Cocaine seized after a traffic stop had essentially ended was admissible, as a state trooper, based on his observations of defendant's behavior and actions, lawfully detained defendant upon a belief that he might be engaged in criminal activity. Further, a sufficiency of the evidence challenge was waived under defendant's trial stipulation.
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| Henry v. Blankenship, A06A2007.,
COURT OF APPEALS OF GEORGIA, THIRD DIVISION, March 7, 2007, Decided
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Overview: Because an oral contract concerning the disposal of car skeletons on property operated as a junk yard did not violate the O.C.G.A. §§ 11-2-725 and 11-2-201, the trial court erred in granting summary judgment against a seller on his counterclaim for fraud, due to the option holder's repudiation of the contract in filing for specific performance.
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| Hersh v. Griffith, A06A2023,
COURT OF APPEALS OF GEORGIA, March 7, 2007, Decided
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Overview: Officers escorting a house being moved had official immunity against a driver who ran into the house. There was no ministerial duty under Ga. Comp. R. & Regs. 672-2-.03 and 672-2-.04 because those regulations were not directed against the officers; and in escorting the house, the officers were controlling traffic, a discretionary function.
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| In the Interest of S.M.G., A07A0706.,
COURT OF APPEALS OF GEORGIA, March 7, 2007, Decided
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Overview: Termination of a biological father's parental rights was upheld on appeal, as he failed to file for legitimation of his four minor children within 30 days of being notified of the termination petition, despite repeatedly being notified to do so and despite the appointment of an attorney to represent him in the termination proceedings.
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