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   State Courts - Georgia - March 27, 2006

  
Brewer v. Harvey, A06A0831., COURT OF APPEALS OF GEORGIA, March 27, 2006, Decided
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Overview: Trial court did not abuse its discretion in apportioning wrongful death settlement proceeds concerning father and mother's deceased child, granting the father 20 percent of the same, as during a significant portion of the child's life, the father was incarcerated and used methamphetamine, and the mother had primary custody and control of the child.

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Carson v. State, A06A0793., COURT OF APPEALS OF GEORGIA, March 27, 2006, Decided
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Overview: DUI roadblock was proper under U.S. Const. amend. IV where the decision to set it up was made by a supervisory officer who also approved time and place, roadblock served a legitimate purpose, all vehicles were stopped, screening officer had prior training and experience, delay to motorists was minimal, and the roadblock was well-identified.

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Corbett v. Corbett, S06F0328., SUPREME COURT OF GEORGIA, March 27, 2006, Decided
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Overview: Where antenuptial agreement failed to disclose husband's income and wife waived her right to alimony as part of agreement, husband's income was material to the antenuptial agreement and would have been critical factor in wife's decision to waive alimony, and thus trial court did not abuse its discretion in finding the agreement unenforceable.

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Daniels v. State, S05A1863., SUPREME COURT OF GEORGIA, March 27, 2006, Decided
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Overview: Admission of audio tape of wife's out-of-court interview violated U.S. Const. amend. VI. However, content of wife's speech was barely discernible on tape, and any of wife's statements that were audible were cumulative of other testimony. Thus, there was no reasonable possibility that tape contributed to convictions, and error was harmless.

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Davis v. State, S05G1554., SUPREME COURT OF GEORGIA, March 27, 2006, Decided
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Devito v. Devito, S06A0341., SUPREME COURT OF GEORGIA, March 27, 2006, Decided
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Overview: O.C.G.A. § 19-9-62(a) did not violate Ga. Const. art. VI, § II, para. VI. Trial court correctly ruled that it had subject matter jurisdiction over father's post-decree child custody modification action pursuant to O.C.G.A. § 19-9-62 and that personal jurisdiction over mother was unnecessary in order for it to address the requested modification.

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Fortson v. State, S05A1559., SUPREME COURT OF GEORGIA, March 27, 2006, Decided
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Overview: Malice murder and attempted arson convictions were affirmed, as the evidence presented against defendant showed that the latter was inextricably linked to the former, allowing the jury to find beyond a reasonable doubt that defendant was guilty.

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Fulton County v. City of Atlanta, S06A0049., SUPREME COURT OF GEORGIA, March 27, 2006, Decided
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Overview: O.C.G.A. § 36-1-16(a) was unconstitutional because it impaired interstate commerce by improperly giving Georgia counties the power to veto the importation of solid waste.

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Grimes v. State, S06A0276., SUPREME COURT OF GEORGIA, March 27, 2006, Decided
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Overview: Sufficient evidence was presented to support defendant's murder and armed robbery convictions, similar transactions were properly admitted to show motive and bent of mind, neither severance or bifurcation was required, alleged hearsay fit under the necessity exception, and evidence seized via a valid search warrant was properly admitted.

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In re Liles, A06A0412., COURT OF APPEALS OF GEORGIA, March 27, 2006, Decided
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Overview: Where juvenile protective order required father to bring his son to the son's probation officer as required by the officer, and did not limit the number of visits, sufficient evidence supported a contempt finding against the father based on the father's decision to forgo a meeting requested by the probation officer.

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