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| Buruca v. State, A06A0061.,
COURT OF APPEALS OF GEORGIA, March 14, 2006, Decided
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Overview: Armed robbery convictions were upheld on appeal, as sufficient circumstantial evidence showed that defendant acted as the "getaway" driver for his two co-defendants supported the same, the court's own instruction substantially covered the principal's of defendant's requested charge, and his counsel's trial strategy was effective.
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| Hambrick v. State, A05A1596.,
COURT OF APPEALS OF GEORGIA, March 14, 2006, Decided
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Overview: Victim's recantation of the accusations she made against defendant did not outweigh the evidence against defendant supporting his guilt. Further, the prosecutor's alleged impermissible "future dangerous" argument during closing did not support a mistrial, as said argument sought to explain the victim's recantation at trial.
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| Hammer Corp. v. Wade, A05A1854.,
COURT OF APPEALS OF GEORGIA, March 14, 2006, Decided
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Overview: In a breach of contract action, summary judgment was properly entered against a distributor, as: (1) its recovery was limited to the return of its assets; (2) its customer's failure to pay amounted to a default; and (3) the distributor's tortious interference with contract claim failed, as the customer's were not strangers to the contract.
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| Moss v. State, A06A0536.,
COURT OF APPEALS OF GEORGIA, March 14, 2006, Decided
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Overview: Defendant was not entitled to a new trial merely because the prosecutor argued that a similar case and defendant's case were analogous, as counsel's statement was within the parameters allowed. by law. Further, the jury possessed sufficient evidence to convict defendant, and its decision on which evidence to believe was not to be disturbed.
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| State v. K.L.M., A06A0296.,
COURT OF APPEALS OF GEORGIA, March 14, 2006, Decided
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Overview: While a school principal had reasonable grounds to search a juvenile based on reports that the juvenile might be arranging drug sales, a school resource officer, acting as the principal's agent, as a law enforcement officer, was required to have probable cause to do so. Absent the same, the juvenile's suppression motion was properly granted.
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| Valdosta Hotel Props., LLC v. White, A05A1661.,
COURT OF APPEALS OF GEORGIA, March 14, 2006, Decided
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Overview: A trial court erred in denying summary judgment to a hotel limited liability corporation in a personal injury action by an injured hotel patron, as it was not properly added as a party defendant where leave of court was not first sought or obtained in order to add that party, based on O.C.G.A. §§ 9-11-15(a) and 9-11-21.
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