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| Cunningham v. State, A07A0173.,
COURT OF APPEALS OF GEORGIA, March 30, 2007, Decided
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Overview: Evidence seized during a lawful investigation of a traffic accident defendant was involved in was properly admitted, as the steel wool and prescription drugs found, when coupled with other evidence regarding the nature and cause of the crash, provided a state trooper with probable cause to believe that defendant was driving under the influence.
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| Freese v. Regions Bank, N.A., A06A2154.,
COURT OF APPEALS OF GEORGIA, March 30, 2007, Decided
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Overview: The trial court properly upheld an agreement between a customer and a bank under which the bank could not be charged with liability for negligence because the customer had not notified the bank of disputed checks within 30 days. Under O.C.G.A. § 11-4-103(a), parties could change the 60-day notice period allowed for in O.C.G.A. § 11-4-406(f).
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| Ga. Power Co. v. Monroe County, A06A1951.,
COURT OF APPEALS OF GEORGIA, March 30, 2007, Decided
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Overview: County board of tax assessors erred when, in the course of making a final assessment of a utility's property, it substituted its own assessment ratio and its own fair market value for those calculated by the State, as a final assessment could not include a reappraisal of the fair market value of a taxpayer required to make a return to the State.
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| Graham v. Palmtop Props., A06A2340,
COURT OF APPEALS OF GEORGIA, March 30, 2007, Decided
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Overview: Appellee was not liable for sales and use taxes as a successor to a corporation under O.C.G.A. § 48-8-46. Appellee had not purchased assets used in its business from the corporation itself, and successor liability could not be imposed through an alter ego or nominee theory, as the corporation did not appear to be a former owner or assignor.
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| In re Jefferson, A06A2253,
COURT OF APPEALS OF GEORGIA, March 30, 2007, Decided
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Overview: Juvenile court's criminal contempt finding against an assistant public defender was upheld on appeal, supported by her open accusations against the court of perpetrating misrule, after being warned that consideration of the matter attacked had been closed, and the sentence imposed was not cruel and unusual, but fell within the statutory limits.
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| In the Interest of T.R., A07A0281.,
COURT OF APPEALS OF GEORGIA, March 30, 2007, Decided
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Overview: When a grandmother who had adopted her grandchildren struck one in the face, leaving a mark, pushed a child into a tub of water after asking him if he wanted to drown, spanked the children with a belt, and struck one child with a belt buckle and another with an extension cord, there was sufficient evidence of deprivation under O.C.G.A. § 15-11-2.
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| Johnson v. State, A06A2246.,
COURT OF APPEALS OF GEORGIA, March 30, 2007, Decided
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Overview: Upon the overwhelming evidence of defendant's guilt, based on the testimony from the victim, which the jury believed despite her impeachment by prior conviction, his convictions were upheld. Further, a recidivist sentence was supported and counsel was not ineffective in making the strategic decisions and failing to make meritless objections.
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| Thomas v. Home Depot, U.S.A., Inc., A06A1938.,
COURT OF APPEALS OF GEORGIA, March 30, 2007, Decided
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Overview: In a negligence action filed by a customer against a retailer arising out of injuries the customer sustained, the trial court did not err in summary judgment to the retailer, as the customer's injury arose out of a third party's actions which the retailer did not and could not have foreseen. Hence, no breach of duty to the customer was shown.
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| State v. Thompson, A07A0582.,
COURT OF APPEALS OF GEORGIA, April 2, 2007, Decided
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Overview: Trial court properly dismissed a Columbia County indictment against defendant, as the State failed to bring her to trial when she returned from imprisonment in South Carolina to face charges in Lincoln County, as her request for disposition of all untried indictments lodged against her applied equally to Columbia County as it did to Lincoln County.
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