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| City of Roswell v. Fellowship Christian Sch., Inc., S07A0214.,
SUPREME COURT OF GEORGIA, March 26, 2007, Decided
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Overview: Trial court erred in granting mandamus relief to a school based on the city's act of granting a conditional use permit, but disallowing the school to build a football stadium, as the increased traffic conditions that would result if the stadium were allowed supported said action and served as a rational basis for denying that part of the permit.
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| Cooper v. State, S07A0040.,
SUPREME COURT OF GEORGIA, March 26, 2007, Decided
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Overview: Defense counsel was not ineffective for failing to call witnesses whose testimony he regarded as insufficiently strong to justify losing the right to conclude closing argument. At the time of trial, it was a well recognized trial tactic for defense counsel to decline to present evidence so as to preserve the final word in closing argument.
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| DBL, Inc. v. Carson, A06A1726. A06A1727.,
COURT OF APPEALS OF GEORGIA, March 26, 2007, Decided
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Overview: Although having a lease on upland property could satisfy the ownership component of being an eligible person for a water bottom lease under O.C.G.A. § 12-5-287, the upland lease here could not be construed as a written assignment of rights to the water bottom or as permission to apply for the water bottom lease under O.C.G.A. § 12-5-286.
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| Dozier Crane & Mach., Inc. v. Gibson, A06A2292. A06A2293.,
COURT OF APPEALS OF GEORGIA, March 26, 2007, Decided
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Overview: In a personal injury action arising from the electrocution of two construction workers, the trial court properly denied summary judgment to a buyer/seller of a crane because material fact issues remained as to the condition of the crane when it left the buyer/seller's possession and as to the element of causation.
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| Johnson v. State, S07A0277.,
SUPREME COURT OF GEORGIA, March 26, 2007, Decided
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Overview: Absent any prejudice from counsel's alleged ineffectiveness for failing to object and move for a mistrial, and no abuse of discretion resulted from a decision declining to grant defense counsel's request that the court recharge the jury on the affirmative defenses, defendant's felony murder and cruelty to children convictions were affirmed.
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| Jones v. State, S07A0013.,
SUPREME COURT OF GEORGIA, March 26, 2007, Decided
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Overview: Even if defendant's act of beating the victim did not directly cause his death, given that it either materially contributed to the death or materially accelerated it, defendant was not entitled to an acquittal on the charged offenses. Further, referral to the victim as such did not amount to an improper comment on defendant's guilt.
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| Leake v. Murphy, A06A1993.,
COURT OF APPEALS OF GEORGIA, March 26, 2007, Decided
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Overview: Summary judgment in favor of the county board of education and superintendent was upheld, as they conclusively showed that a school safety plan was in place at the elementary school the parents' child attended at the time she was attacked, and hence were entitled to official immunity, barring the parents' negligence claims.
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| Lee v. State, S07A0331.,
SUPREME COURT OF GEORGIA, March 26, 2007, Decided
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Overview: An identity instruction was not required upon the trial court's charge as to the presumption of innocence, reasonable doubt, burden of proof, credibility of witnesses, and impeachment of witnesses. Further, trial counsel was not ineffective for failing to request any additional instruction after the court instructed the jury on witness credibility.
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| Martin v. State, S07A0452.,
SUPREME COURT OF GEORGIA, March 26, 2007, Decided
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Overview: Given the sufficiency of the evidence supporting defendant's convictions, and because counsel was not ineffective in failing to make a meritless objection and could not be held to a duty to anticipate changes in the law regarding the use of a nolo plea to impeach a witness, the convictions entered on said convictions were upheld.
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