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| Booker v. Older Americans Council of Middle Ga., Inc., A05A2259.,
COURT OF APPEALS OF GEORGIA, March 23, 2006, Decided
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Overview: Where injured person did not object at time of improper argument, did not ask for further rebuke of counsel pursuant to O.C.G.A. § 9-10-185, and did not object to instruction after deliberations began, appellate claim as to argument presented nothing for review. Injured person's interjection of improper evidence also presented nothing for review.
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| Clark v. State, A05A2336.,
COURT OF APPEALS OF GEORGIA, March 23, 2006, Decided
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Overview: Since defendant never raised the issue of a claimed fatal variance between the indictment and the trial proof due to the identification of the victim by an incorrect surname until appeal, it was waived. In any event, there was no confusion regarding the victim's identity, and the variance could not have misled defendant during trial.
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| Draper v. Reynolds, A05A2155.,
COURT OF APPEALS OF GEORGIA, March 23, 2006, Decided
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Overview: Summary judgment was properly entered on a driver's state law claims against a deputy regarding the lawfulness of the deputy's actions in conducting a traffic stop, probable cause, and the use excessive force, as such were rejected by the Eleventh Circuit Court of Appeals, and thus, collateral estoppel barred any relitigation in the state court.
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| Hooker v. State, A05A1881.,
COURT OF APPEALS OF GEORGIA, March 23, 2006, Decided
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Overview: Evidence of prior incident was proper where, in both prior case and current case, defendant approached a store employee, accused the employee of being racist, called the employee a "cracker," became aggressive, and ended up in a physical altercation with the employee. Prosecutor's comment in opening was not an improper comment on character.
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| In the Interest of B.L., A05A1882.,
COURT OF APPEALS OF GEORGIA, March 23, 2006, Decided
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Overview: Fathers parental rights were properly terminated under O.C.G.A. § 15-11-94(b)(4)(A). Evidence that children would be in danger if reunited with him, and that he had repeatedly failed to comply with case plan goals, clearly and convincingly supported court's finding that the deprivation was likely to continue and to cause children serious harm.
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| James v. Hosp. Auth., A05A1628.,
COURT OF APPEALS OF GEORGIA, March 23, 2006, Decided
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Overview: As a patient's allegations were based on a misdiagnosis of his medical condition, and not due to a simple clerical or administrative error, said allegations were for medical malpractice. Thus, an expert affidavit pursuant to O.C.G.A. § 9-11-9.1(a) was required to support the same. Further, no evidence was submitted that a bankruptcy stay applied.
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| Malice v. Coloplast Corp., A05A1983.,
COURT OF APPEALS OF GEORGIA, March 23, 2006, Decided
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Overview: Restrictive employment covenants were enforceable and an arbitration award was properly upheld pursuant to 9 U.S.C.S. § 10 where award did not exhibit "manifest disregard of law," evidence supported the finding that covenants were based on valuable consideration, and restrictions were tailored and narrowed to protect legitimate interests.
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| McKinnon v. Progressive Bayside Ins. Co., A06A0703.,
COURT OF APPEALS OF GEORGIA, March 23, 2006, Decided
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Overview: UM/UIM coverage did not need to be increased in renewal policy from amount shown for coverage existing before July 1, 2001. Under O.C.G.A. § 33-7-11(a)(3), insurer was under no obligation to increase UM/UIM limits to amount of the policy's bodily injury liability coverage when policy, initially issued before July 1, 2001, was later renewed.
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| Oliver v. State, A06A0485.,
COURT OF APPEALS OF GEORGIA, March 23, 2006, Decided
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Overview: New trial was properly denied, as sufficient evidence supported an aggravated assault conviction, the jury could infer that defendant acted in concert with others to commit the crime, any error in instructing the jury on the statutory aggravated assault charge was cured, and counsel's trial strategy and witness examinations were sound.
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| Robertson v. State, A05A1809.,
COURT OF APPEALS OF GEORGIA, March 23, 2006, Decided
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Overview: Where defendant was prosecuted for raping a minor, evidence of his three prior rapes of young girls was properly admitted under Ga. Unif. Super. Ct. R. 31.3(B) to show his lustful disposition, because his modus operandi was similar in all four cases and all four victims identified him as the rapist.
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