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   State Courts - Georgia - February 28, 2006

  
Prince v. Esposito, A05A2012., COURT OF APPEALS OF GEORGIA, February 28, 2006, Decided
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Overview: Suit alleging that chiropractor committed battery against patient during chiropractic treatment was properly dismissed on summary judgment. Evidence showed that patient consented to touching at issue by consenting to adjustment. Patient did not point to any evidence that chiropractor performed any procedure other than adjustment on day in question.

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Waddell v. State, A05A1961., COURT OF APPEALS OF GEORGIA, February 28, 2006, Decided
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Overview: There was no evidence to support jury charge on O.C.G.A. § 16-2-20(b)(2), (4), and contrary to defendant's contention, failure to charge on these subsections was proper. Contents of an officer's investigative report were inadmissible and trial court properly sustained objection to defense counsel's referring in closing to report's contents.

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Ward v. State, A05A2288., COURT OF APPEALS OF GEORGIA, February 28, 2006, Decided
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Overview: Since officer was still in possession of defendant's driver's license, she did not feel free to leave when the officer asked her to exit her vehicle, and thus the contact was second-tier encounter. Officer had no reason to suspect criminal activity, so detention was wrongful, and defendant's consent to pat down did not validate the search.

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