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| State v. Brown, A06A0155.,
COURT OF APPEALS OF GEORGIA, March 20, 2006, Decided
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Overview: Even if the State had engaged in intentional misconduct during defendant's first trial, where there was no indication in the record of any specific intent by the State to subvert defendant's double jeopardy rights by provoking him into seeking a mistrial, it was error to grant his motion for discharge and acquittal on double jeopardy grounds.
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| Crosby v. East West, Inc., A06A0824.,
COURT OF APPEALS OF GEORGIA, March 21, 2006, Decided
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Overview: Where there was some evidence authorizing a finding that an agreement existed requiring an employee to pay his employer for the balance of his unreimbursed advances, a trial court did not err in ruling at a bench trial that the employee owed the employer for certain of the advances and in entering judgment for the employer.
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| Minor v. State, A06A0786.,
COURT OF APPEALS OF GEORGIA, March 21, 2006, Decided
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Overview: Because defendant took a substantial step of knocking off the victim's shed door handle, absent any authority to do so, with the intent to steal valuable goods therein, his attempted burglary conviction was supported by sufficient evidence. Further, witness credibility, intent, and reasonableness were all issues for the factfinder to decide.
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| Smith v. State, A05A2020.,
COURT OF APPEALS OF GEORGIA, March 21, 2006, Decided
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Overview: At most, evidence showed that drugs in bottle found in a yard near defendant's home were in possession of defendant's son, who was seen throwing something into the yard as officers approached to execute a warrant. Trial court should have granted defendant directed verdict on possessing drugs with intent to distribute, for drugs in the bottle.
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| Tate v. State, A05A2235.,
COURT OF APPEALS OF GEORGIA, March 21, 2006, Decided
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Overview: Defendant was not entitled to a new trial, after: (1) a challenged juror affirmed that the guilty verdict was his, (2) details about a government witness's plea deal would not have changed the trial outcome, and (2) lab results confirmed the purity of the contraband defendant possessed to show that said substance was cocaine.
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| Dawkins v. State, A05A1923.,
COURT OF APPEALS OF GEORGIA, March 22, 2006, Decided
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Overview: Because it was apparent that the same evidence could be used to prove both the felony offense of giving a false name and the misdemeanor offense of making a false statement, the appeals court reversed defendant's felony conviction and remanded the case for sentencing under the misdemeanor statute.
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| Frasard v. State, A05A2314.,
COURT OF APPEALS OF GEORGIA, March 22, 2006, Decided
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Overview: Aggressive driving conviction was upheld based on an officer's testimony that defendant was rudely tailgating him and was very agitated that the officer was driving slowly and the facts that defendant knowingly and voluntarily waived his right to counsel and failed to admit to the crime in order to assert a justification defense.
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| Kidd v. Dentsply Int'l, Inc., A05A2171.,
COURT OF APPEALS OF GEORGIA, March 22, 2006, Decided
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Overview: In a personal injury action arising from an x-ray machine's installation, as the borrowed servant doctrine did not apply, the installer was an independent contractor, and neither the machine nor its installation instructions were defective, the machine's distributor and supplier were properly granted summary judgment on an injured party's claims.
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| Parrish v. Jackson W. Jones, P.C., A05A2291.,
COURT OF APPEALS OF GEORGIA, March 22, 2006, Decided
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Overview: Summary judgment was properly entered against a home buyer's breach of contract, fraud, and conspiracy claims without evidence of a written purchase agreement for the home and the land it was placed on, and a simple reading of the contract by the buyer would have protected him from any alleged misrepresentations.
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| Peacock v. Spivey, A05A1823.,
COURT OF APPEALS OF GEORGIA, March 22, 2006, Decided
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Overview: Trial court did not err in enforcing a settlement agreement between a property owner and employees of both the State of Georgia and a private contractor, absent evidence that the owner was under duress, the unambiguous terms of the agreement required complete a final dismissal of the owner's claims, with prejudice, and a jury trial was unwarranted.
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