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   State Courts - Georgia - March 19, 2007

  
State v. Rigdon, A06A2412., COURT OF APPEALS OF GEORGIA, March 19, 2007, Decided
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Overview: Because similar evidence to that objected to by counsel concerning the constitutionality of a roadblock was admitted without objection, any error in admitting the objected-to evidence was harmless beyond a reasonable doubt, and defendant's conviction for driving under the influence was upheld on appeal.

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State v. Traylor, S06A2163., SUPREME COURT OF GEORGIA, March 19, 2007, Decided
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Overview: It was error to grant defendants' plea in bar based on double jeopardy after granting defendants' motion for a mistrial when the prosecutor told the defense that a rifle could not be located. Double jeopardy did not bar retrial unless the prosecutor had sought to provoke a mistrial, and the evidence did not indicate that he had intended to do so.

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Sumner v. State, A06A2343, COURT OF APPEALS OF GEORGIA, March 19, 2007, Decided
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Overview: Because that part of defendant's sentence which required him to pay restitution while incarcerated was illegal, that portion was vacated, and his acquiescence to the same, either through plea negotiations or a failure to object to the sentence, did not remove the illegality.

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Towe v. Connors, A06A2483, COURT OF APPEALS OF GEORGIA, March 19, 2007, Decided
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Overview: Second of two personal injury lawsuits was properly dismissed, with prejudice, as such did not act as a renewal action, given evidence that the first suit, though timely filed, was void because service was never perfected. Further, as res judicata barred the litigant's claim, a dismissal with prejudice was proper.

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