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   State Courts - Georgia - March 22, 2007

  
City of Atlanta v. Clayton County Bd. of Tax Assessors, A06A2192, COURT OF APPEALS OF GEORGIA, March 22, 2007, Decided
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Overview: A parcel of land purchased by a city as part of a carefully orchestrated, governmentally approved plan to expand the city's airport was exempt from ad valorem taxation, pursuant to O.C.G.A. § 48-5-41(a)(1)(B) despite little activity on that particular parcel, since it was part of the entire land under development for the airport expansion.

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Henry v. State, A07A0102, COURT OF APPEALS OF GEORGIA, March 22, 2007, Decided
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Overview: When the prosecutor stated that defendant went into the victim's camper, grabbed him by the arm, pulled out a knife, and threatened to cut out the victim's eyes, there was a factual basis to satisfy defendant's Alford plea to terroristic threats under O.C.G.A. § 16-11-37(a).

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Hulsey v. State, A07A0928, COURT OF APPEALS OF GEORGIA, March 22, 2007, Decided
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Overview: As there was probable cause to arrest defendant for a homicide, it was not error not to suppress methamphetamine found in a search pursuant to the arrest. Although defendant claimed that the victim had committed suicide, evidence pointed to a homicide, and defendant had been found kneeling over the victim in an apparent attempt to stage a suicide.

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In re Adoption of D.J.F.M., A06A1936., COURT OF APPEALS OF GEORGIA, March 22, 2007, Decided
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Overview: Trial court erred in denying an aunt and uncle's petition to adopt their nephew under O.C.G.A. § 19-8-8, and should have applied O.C.G.A. § 19-8-7, as the former was not a general rule regarding the adoption of foreign children, no procedural issues remained, and there was no issue of personal jurisdiction over the child's natural parents.

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In the Interest of D.B., A07A0199., COURT OF APPEALS OF GEORGIA, March 22, 2007, Decided
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Overview: The evidence did not support a juvenile's delinquency adjudication for being an unruly child under O.C.G.A. § 15-11-2(12). To desert his home, a child had to leave home without an intention to return to it, and the juvenile here had left his home for nearly two days but had returned of his own volition.

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In the Interest of D.P., A07A0419, COURT OF APPEALS OF GEORGIA, March 22, 2007, Decided
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Overview: Because the juvenile court based its decision that a father's two children were deprived, awarding temporary custody of them to the county while primarily relying on evidence received at an unrecorded hearing, and a waiver requiring said recording was not in evidence, said findings were reversed, and the case was remanded.

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In the Interest of K.M., A07A0139, COURT OF APPEALS OF GEORGIA, March 22, 2007, Decided
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Overview: A juvenile court properly terminated a mother's rights under O.C.G.A. § 15-11-94, given the mother's history of unemployment, unstable housing arrangements, inability to stay in contact with social services or the children, and failure to complete substance abuse treatment, and the children's need for a stable, permanent, home.

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Lee v. State, A06A2484., COURT OF APPEALS OF GEORGIA, March 22, 2007, Decided
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Overview: There was sufficient evidence to convict defendant of robbery. Although the victim had not identified defendant as the robber, who was wearing a hooded sweatshirt, there was ample evidence linking defendant to the crime, including witness testimony, defendant's fleeing from a truck containing the sweatshirt, and a money bag found near the truck.

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Lucas v. State, A07A0260, COURT OF APPEALS OF GEORGIA, March 22, 2007, Decided
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Overview: Trial court did not err in denying a defendant's motion to suppress, as the stop by a police officer fell within the first level of police-citizen encounters, and that upon learning of an outstanding warrant, the officer had probable cause to arrest and search defendant. Further, the State was not required to introduce the warrant into evidence.

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Prof'l Stds. Comm'n v. Peterson, A06A2195., COURT OF APPEALS OF GEORGIA, March 22, 2007, Decided
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Overview: Trial court properly held that teachers had not violated the Code of Ethics for Educators, Ga. Comp. R. & Regs. 505-6-.01(3)(j), for their actions in hosting parties where teenagers consumed alcohol. There was no evidence of a pattern of inadequate supervision or that there was an impairment of the teachers' ability to function professionally.

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