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   State Courts - Georgia - March 13, 2006

  
McKee v. City of Geneva, S05A2103., SUPREME COURT OF GEORGIA, March 13, 2006, Decided
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Overview: As a city did not comply with O.C.G.A. § 12-8-31.1(a) and (b), it could not rely on its solid waste management plan to deny an applicant's request for written verification of his proposed solid waste handling facility under O.C.G.A. § 12-8-24(g) which was consistent with the city's plan approved in 1993.

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Murray County v. R&J Murray, LLC, S05A1950., SUPREME COURT OF GEORGIA, March 13, 2006, Decided
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Overview: O.C.G.A. § 12-8-24(g) did not prohibit local governments from considering factors other than environmental and land use factors in developing a Solid Waste Management Plan (SWMP), and a local government was authorized to consider any relevant factor in determining if proposed facility was consistent with SWMP properly considered in SWMP itself.

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Phillips v. State, A05A2172., COURT OF APPEALS OF GEORGIA, March 13, 2006, Decided
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Overview: Evidence sufficiently supported defendant's conviction for aggravated stalking in violation of O.C.G.A. § 16-5-91(a) where the victim, his wife, had a restraining order against him, and defendant continually made phone calls to her at work which contained threats that harassed and intimidated her pursuant to O.C.G.A. § 16-5-90(a)(1).

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Searcy v. Searcy, S05A1816, S05A1819., SUPREME COURT OF GEORGIA, March 13, 2006, Decided
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Overview: While no error existed in the trial court's finding that a husband's pending inheritance from his parents could be considered in awarding alimony to a wife, it erred in joining the parents' co-executors in the litigation, as they were not necessary to afford complete relief to the wife.

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Traylor v. State, S05A2101., SUPREME COURT OF GEORGIA, March 13, 2006, Decided
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Overview: A rational jury could find defendant guilty of felony murder and aggravated assault, and a victim's gun ownership was inadmissible absent evidence of a victim's aggression. Defendant showed no incompetency at trial, under O.C.G.A. § 17-7-130, but his incompetency, raised in a post-trial motion, had to be decided by a preponderance of the evidence.

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