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   State Courts - Georgia - March 15, 2006

  
Federated Dep't Stores, Inc. v. Ga. PSC, A05A2200., COURT OF APPEALS OF GEORGIA, March 15, 2006, Decided
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Overview: Trial court did not err in dismissing a retailer's petition for judicial review of the orders entered on an investigatory docket proceeding, as it was not a contested case permitting review under O.C.G.A. § 50-13-19(a). Further, this disposition did not prevent the retailer in pursuing a remedy in its rate case.

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Hiers v. Estate of Hiers, A05A2254., COURT OF APPEALS OF GEORGIA, March 15, 2006, Decided
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Overview: Because a prenuptial agreement which provided the wife with a $ 5,000 bequest in lieu of year's support upon the death of her husband was valid, binding, and enforceable, and no evidence of duress, coercion, fraud, misrepresentation, or changed circumstances was presented, the trial court properly denied her application for said support.

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Holloway v. State, A05A2112., COURT OF APPEALS OF GEORGIA, March 15, 2006, Decided
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Overview: In a prosecution on charges of child molestation, the trial court did not err in not dismissing for cause a juror who was a long-time employee of the children services department because the juror had no personal knowledge of defendant, and she consistently expressed an ability to decide the case on the merits.

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In the Interest of R.T., A05A1584., COURT OF APPEALS OF GEORGIA, March 15, 2006, Decided
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Overview: Juvenile court did not abuse its discretion in transferring a former juvenile's case to the superior court, because, as a 28-year-old adult, the juvenile court lacked jurisdiction over him, and said court could not be assured that he would receive the appropriate treatment for the necessary length of time in the juvenile system.

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Lester v. State, A06A0215., COURT OF APPEALS OF GEORGIA, March 15, 2006, Decided
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Overview: Where a search warrant of defendant's residence had a typographical error with respect to the street number, but it named defendant, the descriptive detail in the warrant matched the searched premises, and the officer verified that it was defendant's address, denial of suppression was proper; the warrant was sufficient.

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Lindo v. State, A05A2098., COURT OF APPEALS OF GEORGIA, March 15, 2006, Decided
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Overview: A trial court's denial of defendant's directed verdict of acquittal motion pursuant to O.C.G.A. § 17-9-1(a) was proper where there was sufficient circumstantial evidence to support defendant's aggravated battery conviction; the State's experts indicated that the infant's injuries were caused by Shaken Baby Syndrome and not by a fall.

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Pavement Techniques, Inc. v. Myrick, A05A2046., COURT OF APPEALS OF GEORGIA, March 15, 2006, Decided
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Overview: Contractor's summary judgment motion in a wrongful death action was properly denied, as fact questions remained as to whether the contractor's failure to post signs warning drivers of a low shoulder on a curve deprived the driver of the vehicle, in which the decedent was a passenger, of the information necessary to negotiate the curve successfully.

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Popham v. Jordan, A06A0467., COURT OF APPEALS OF GEORGIA, March 15, 2006, Decided
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Overview: Trial court properly denied a judgment creditor's petition for a writ of scire facias due to his failure to comply with the procedural filing requirements of O.C.G.A. § 9-12-63, after allowing the judgment to become dormant, and service upon the judgment debtor was not properly effectuated.

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