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| In the Interest of J.A.L., A07A0284,
COURT OF APPEALS OF GEORGIA, March 14, 2007, Decided
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Overview: Adjudication on charges of aggravated assault and terroristic threats was upheld on appeal, given sufficient evidence showing venue, and based on testimony from the victim which demonstrated that the juvenile's acts of pointing a gun and threatening to kill her, placed her in fear that something might happen to her.
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| In the Interest of S.Y., A07A0271,
COURT OF APPEALS OF GEORGIA, March 14, 2007, Decided
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Overview: Deprivation finding regarding a mother's six children was upheld on appeal, supported by evidence that one child suffered unexplained sexual abuse while in the mother's care, sustained a head injury while allegedly in the mother's aunt's care, and another child was molested while the mother was asleep.
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| Jacks v. City of Atlanta, A06A1753.,
COURT OF APPEALS OF GEORGIA, March 14, 2007, Decided
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Overview: In a claim by a subcontractor against a city under O.C.G.A. § 36-91-91, it was error to find that the subcontractor had not given the required ante litem notice within the time required by O.C.G.A. § 36-33-5. The subcontractor's claim accrued when the city paid its contractor, and the subcontractor had given the city notice shortly afterward.
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| Miranda v. Fulton DeKalb Hosp. Auth., A06A1879.,
COURT OF APPEALS OF GEORGIA, March 14, 2007, Decided
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Overview: A decedent's parents and the administrator of his estate failed to present evidence showing the proximate cause element for a medical malpractice claim. The lack of continuous monitoring at a hospital was too remote as a matter of law to be the proximate cause of the decedent's suicide in another state after the decedent walked out of the hospital.
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| Mitchell v. State, A06A2384,
COURT OF APPEALS OF GEORGIA, March 14, 2007, Decided
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Overview: As the court's curative instructions obviated the need for a mistrial and cured any prejudice resulting from the prosecutor's closing argument, defendant's aggravated assault and resisting arrest convictions were upheld on appeal. Further, absent a specific request for the same, no error resulted in failing to instruct the jury on simple assault.
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| Palmetto Capital Corp. v. Smith, A06A1949.,
COURT OF APPEALS OF GEORGIA, March 14, 2007, Decided
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Overview: When a collateral assignment was properly recorded, purchasers were presumed thereby to have bought real property with knowledge of the assignee's power to foreclose under the collateral assignment, and they were not bona fide purchasers for value without notice. Thus, the assignee's security interest took priority over the purchasers' rights.
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| Perez v. State, A06A2472.,
COURT OF APPEALS OF GEORGIA, March 14, 2007, Decided
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Overview: Trial counsel was ineffective for not seeking to suppress evidence. Before conducting a pat-down, officers had not obtained any information that would support a reasonable belief that defendant was armed or dangerous, and there was prejudice in that the evidence supporting the convictions all resulted, directly or indirectly, from the search.
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| Phillips v. State, A07A0797,
COURT OF APPEALS OF GEORGIA, March 14, 2007, Decided
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Overview: Child molestation and aggravated sexual battery convictions were upheld on appeal, as the victim's videotaped statement was properly admitted, a change on venue due to pretrial prejudice was unwarranted, defendant failed to adequately preserve his constitutional challenge to the aggravated sexual battery statute, and counsel was not ineffective.
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| Thomas v. State, A07A0728,
COURT OF APPEALS OF GEORGIA, March 14, 2007, Decided
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Overview: Because defendant's acts of entering the victim's residence without permission and removing items from therein was sufficient to satisfy the elements of burglary, and a the trial court correctly charged the jury as to the use of prior inconsistent statements, defendant's burglary conviction was upheld on appeal.
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| Ivey v. State, A07A0416,
COURT OF APPEALS OF GEORGIA, March 16, 2007, Decided
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Overview: Defendant's convictions were upheld on appeal, based on the overwhelming evidence of his guilt, because he waived error regarding the admission of a witness's statement regarding a crack pipe found on his person when his trial counsel declined to offer a curative instruction thereto, and the statement was both non-responsive and unintentional.
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