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| In the Interest of Z.H., A06A0163.,
COURT OF APPEALS OF GEORGIA, March 27, 2006, Decided
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Overview: Evidence sufficed to support finding of delinquency for act which would have been sexual battery had it been committed by adult, O.C.G.A. § 16-6-22.1(b), where witness saw victim straddling juvenile and sweating as juvenile held her and moved back and forth under her, despite juvenile's claim that the victim voluntarily jumped into his lap.
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| In the Matter of Lenn, S06Y0483.,
SUPREME COURT OF GEORGIA, March 27, 2006, Decided
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Overview: Upon a recommendation seeking a 91-day suspension as reciprocal discipline against an attorney arising out of sanctions she received in Florida, and upon proof that the attorney received notice of the same, absent objection from the attorney, such was ordered.
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| Martinez v. State, A06A0535.,
COURT OF APPEALS OF GEORGIA, March 27, 2006, Decided
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Overview: Evidence that defendant and his compatriots approached two victims while defendant brandished a gun, threatened victims with the gun, and he and his companions stole both victims' cars sufficed to sustain convictions of, inter alia, armed robbery. Jury was free to disbelieve defendant's claim of coercion as a defense under O.C.G.A. § 16-3-26.
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| McCoy v. State, A06A0276.,
COURT OF APPEALS OF GEORGIA, March 27, 2006, Decided
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Overview: Sufficient evidence supported defendant's child molestation and statutory rape convictions committed against her children, as similar transaction evidence was admissible to show her bent of mind and lustful disposition toward her children, expert testimony was helpful to the jury on the issue of child sexual abuse, and her counsel was effective.
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| Norman v. State, A06A0503.,
COURT OF APPEALS OF GEORGIA, March 27, 2006, Decided
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Overview: Mere fact that jury was apprised that a lie detector test may have been taken was not prejudicial if no inference as to result was raised. Even if testimony that defendant was received from police polygraph examiner implied that polygraph exam was taken, it was not admitted in error, and defense counsel was not deficient in failing to object.
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| Paschal v. State, S06A0474.,
SUPREME COURT OF GEORGIA, March 27, 2006, Decided
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Overview: While sufficient evidence supported convictions for murder and possession of a knife during the commission of a crime, and the State met its burden in establishing an adequate chain of custody, two life sentences for the murder of one victim was improper. Thus, the separate life sentence on the alternative felony murder count had to be vacated.
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| Quedens v. State, S06A0070.,
SUPREME COURT OF GEORGIA, March 27, 2006, Decided
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Overview: Trial court did not err when it ruled that defendant was not in custody when she made statements during the execution of a search warrant of her home, and thus U.S. Const. amend. V, VI, did not require Miranda warnings. Defendant's rights were not violated when she insisted on speaking to investigator who warned her he could not speak with her.
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| Rouse v. MARTA, A03A2492.,
COURT OF APPEALS OF GEORGIA, March 27, 2006, Decided
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Overview: Common carrier was not held to per se rule that required it to buy and incorporate the most approved safety advances into previously-purchased, non-defective products. Summary judgment for a transit authority was proper in a claim arising from an escalator accident where there was no evidence that the escalator in question was malfunctioning.
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| SEIU v. Perdue, S05A1634.,
SUPREME COURT OF GEORGIA, March 27, 2006, Decided
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Overview: Ga. Const. art. IV, § III, para. I left it to the general assembly to create a state merit system by the enactment of laws regarding selection of state personnel based on merit. Legislation providing systems for public employment was subject to amendment or even repeal. 1996 and 2000 amendments to O.C.G.A. § 45-20-2(15) were constitutional.
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| Walker v. Johnson, A05A1871.,
COURT OF APPEALS OF GEORGIA, March 27, 2006, Decided
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Overview: While the home buyers's continuing nuisance claim was not time-barred, they waived recission by unreasonably delaying assertion of the same. As a result, a listing agent was properly granted summary judgment on the claims against her, and the realty could not be liable for her actions, as she was an independent contractor.
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