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| McElreath v. State, A06A2137.,
COURT OF APPEALS OF GEORGIA, March 20, 2007, Decided
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Overview: Inmate's motion to correct or modify an illegal sentence was properly denied; contrary to the inmate's arguments, his sentence of 30 years with 20 to serve fell within the limits stated in O.C.G.A. § 16-13-30 (d) for a first conviction of possession with intent to sell amphetamine.
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| Norby v. Heritage Bank, A06A2448,
COURT OF APPEALS OF GEORGIA, March 20, 2007, Decided
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Overview: In a wrongful death suit against a bank based on duty to an invitee under O.C.G.A. § 51-3-1, summary judgment was properly entered for the bank. The decedent, who was murdered while using a night depository, had knowledge that was equal to the bank's of the danger that was presented by the night depository's location in a secluded, poorly lit area.
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| Petrosky v. Embry Crossing Condo. Ass'n, A06A2420,
COURT OF APPEALS OF GEORGIA, March 20, 2007, Decided
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Overview: In a slip and fall case, while the evidence supported a finding of a condominium association's constructive knowledge of an icy condition, a condominium resident still could not recover, as the evidence was undisputed that the resident had actual knowledge of the hazardous condition. The condominium association was entitled to summary judgment.
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| Sharpe v. Perkins, A07A0714,
COURT OF APPEALS OF GEORGIA, March 20, 2007, Decided
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Overview: Under O.C.G.A. § 19-9-3(a)(4) and (5), the trial court retained exclusive authority to grant joint physical custody. Thus, when the parties' 14-year-old daughter specifically requested that the parties be awarded joint legal and physical custody, the trial court properly held that the election was invalid because it interfered with its authority.
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| Snyder v. State, A06A2225.,
COURT OF APPEALS OF GEORGIA, March 20, 2007, Decided
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Overview: Trial court properly denied defendant's motion to suppress results of blood alcohol test; contrary to defendant's contention, as he had been involved in an accident that ultimately resulted in his passenger's death, O.C.G.A. § 40-5-55 did not require that defendant be under arrest or that passenger have died prior to reading of implied consent.
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| State v. Swint, A06A1914.,
COURT OF APPEALS OF GEORGIA, March 20, 2007, Decided
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Overview: Trial court erred in directing a verdict of acquittal on the battery and cruelty to children charges against defendant; as charging accusation did not specifically state date of the offense was material, the fact that the state could not prove any wrongdoing on the date stated in the accusation did not warrant a dismissal of the accusation.
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