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   State Courts - Georgia - March 21, 2007

  
Carpenter v. Sun Valley Props., LLC, A06A1945, COURT OF APPEALS OF GEORGIA, March 21, 2007, Decided
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Overview: Summary judgment in favor of apartment building owner in personal injury action by invitee was reversed; material fact question existed as to whether owner had been relieved of its O.C.G.A. § 51-3-1 duty to invitee, and if not, whether independent contractors were negligent in installing a railing that broke such that the owner's duty was breached.

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Chambers v. State, A06A2461., COURT OF APPEALS OF GEORGIA, March 21, 2007, Decided
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Overview: Because no fatal variance concerning the location where the charged burglary offense occurred was presented in the indictment, and defendant's ineffective assistance of counsel claims lacked merit, the trial court did not err in denying his motions for both a directed verdict and a new trial.

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Harrell v. Fed. Nat'l Payables, Inc., A06A2305., COURT OF APPEALS OF GEORGIA, March 21, 2007, Decided
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Overview: While the trial court did not erroneously enter a contempt order against two guarantors that was self-executing, because it ordered their incarceration for failing to comply with post-judgment discovery without affording them notice and an opportunity to be heard, in violation of their due process rights, the order of incarceration was reversed.

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Hedquist v. Merrill Lynch, Pierce, Fenner & Smith, Inc., A06A1785., COURT OF APPEALS OF GEORGIA, March 21, 2007, Decided
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Overview: The first of three opinions had not been rendered a nullity so that it could not serve as the law of the case on remand. It was clear from the language of the third opinion and the appellate context that the court intended to reverse the first opinion only insofar as it was inconsistent with the ruling of the supreme court in the second opinion.

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Patterson v. State, A06A2330, COURT OF APPEALS OF GEORGIA, March 21, 2007, Decided
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Overview: Defendant's aggravated stalking convictions were upheld on appeal, as he knew he was to have no contact with the victim, but persistently refuse to abide by a protective order, a lesser-included offense instruction was not supported by the evidence, his trial counsel was not ineffective, and no error resulted in the sentence imposed.

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