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   State Courts - Georgia - March 19, 2007

  
Dep't of Cmty. Health v. Pruitt Corp., A06A2339, COURT OF APPEALS OF GEORGIA, March 19, 2007, Decided
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Overview: Upon affording due deference to an agency's interpretation of its own rules regarding the reimbursement rate paid to a nursing facility, the Georgia Department of Community Health did not err in finding that the 2001 cost report was the last approved cost report, as that phrase was used in the Department's policies and procedures manual.

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Eubanks v. Rabon, S06A1955., SUPREME COURT OF GEORGIA, March 19, 2007, Decided
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Overview: It was error to increase a father's child support obligation to a level exceeding that of the guidelines of O.C.G.A. § 19-6-15 without a finding of special circumstances warranting such a deviation. Furthermore, it was error to change the original decree by extending the period for which the father would be required to pay child support.

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Fine v. Fine, S06F2037., SUPREME COURT OF GEORGIA, March 19, 2007, Decided
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Overview: When a wife in a divorce case claimed that the trial court had improperly heard the case without a jury, but the wife had failed to provide a transcript under O.C.G.A. § 5-6-41, the court would presume that the trial court faithfully and lawfully performed its duties and would conclude that the case was properly heard without a jury.

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Formal Advisory Opinion 05-4, S06U0797., SUPREME COURT OF GEORGIA, March 19, 2007, Decided
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Ga. Dep't of Agric. v. Griffin Indus., A06A0471., COURT OF APPEALS OF GEORGIA, March 19, 2007, Decided
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Overview: Trial court's order granting full relief to company on its Georgia Open Records Act request was void because notice of case management hearing did not satisfy notice requirements of O.C.G.A. § 9-10-2(1) for hearing on the merits and Department of Agriculture was not afforded a proper O.C.G.A. § 9-11-54 (c) (1) hearing for to present its position.

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Height v. State, S06A2107., SUPREME COURT OF GEORGIA, March 19, 2007, Decided
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Overview: The evidence was sufficient to support a murder conviction. Shortly after the victim was last seen alive, defendant, who worked for the victim, said that the victim was asleep; a dog led police from a wooded area to defendant's home; defendant had $10 bills and the victim had received $10 bills before his death; and defendant had confessed.

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Horne v. State, S06A1791., SUPREME COURT OF GEORGIA, March 19, 2007, Decided
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Overview: Trial court erred in allowing prosecution to ask co-indictee a series of leading questions, which co-indictee refused to answer even under grant of immunity, but violation of defendant's Sixth Amendment confrontation rights was harmless; circumstantial and direct evidence was sufficient to establish that the error did not contribute to verdict.

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Hunter v. State, S06A1691., SUPREME COURT OF GEORGIA, March 19, 2007, Decided
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Overview: With regard to defendant's convictions for malice murder and other crimes, the trial court did not err by failing to give a jury charge on the defense of justification, pursuant to O.C.G.A. § 16-3-21(a), since no evidence was presented that indicated defendant was threatened when he shot the victim in the back of the head.

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Hurst v. Evans, A06A1741., COURT OF APPEALS OF GEORGIA, March 19, 2007, Decided
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Overview: In an action to invalidate an allegedly forged quitclaim deed filed by a husband, which transferred his interest in certain property to his wife, the trial court erred in granting the husband summary judgment, as a bankruptcy trustee presented sufficient evidence of disputed issues of material fact concerning the husband's equitable claim.

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Jackson v. State, S06A1945., SUPREME COURT OF GEORGIA, March 19, 2007, Decided
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Overview: In defendant's trial for malice murder, felony murder, and cruelty to children with regard to the death of her 15-month-old baby, trial counsel was not ineffective for not severing her trial from that of her codefendant. Trial counsel had chosen not to seek severance so that the jury would focus its outrage on the codefendant rather than defendant.

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