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| Brooks v. State, A07A0369.,
COURT OF APPEALS OF GEORGIA, April 3, 2007, Decided
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Overview: Given the overwhelming evidence supporting the convictions, and the fact that defendant failed to assert a timely and contemporaneous objection to the prosecutor's opening statement comments, the trial court did not err in denying defendant's motions for a mistrial and a new trial.
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| Hibbard v. McMillan, A07A0141.,
COURT OF APPEALS OF GEORGIA, April 3, 2007, Decided
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Overview: In a suit on a contract ending a business relationship and requiring defendant to select one of two options regarding an insurance policy, plaintiff's recovery of premiums he had paid was not barred by the voluntary payment doctrine of O.C.G.A. § 13-1-13. Plaintiff made premium payments not to satisfy a claim but to keep the policy in effect.
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| In re Serpentfoot, A07A0261.,
COURT OF APPEALS OF GEORGIA, April 3, 2007, Decided
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Overview: While an order denying an activist's petition for a name change was not an abuse of discretion, as such would have deprived a newspaper publisher of his good name if granted, absent a statutory basis for an award of attorney's fees to the publisher, and evidence as to the reasonableness of the same, such was vacated, and remand was ordered.
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| In the Interest of C.S., A07A0254.,
COURT OF APPEALS OF GEORGIA, April 3, 2007, Decided
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Overview: There was sufficient evidence supporting an adjudication of delinquency based upon theft by receiving under O.C.G.A. § 16-8-7(a). Defendant, who was 14, had no legitimate reason for possessing the key to a stolen car; defendant's brother stated that defendant had been bragging about driving a silver car; and the car was found near defendant's home.
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| Anderson v. State, A06A1236,
COURT OF APPEALS OF GEORGIA, April 4, 2007, Decided
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Overview: Upon construing defendant's request for an out-of-time appeal as one seeking habeas relief, the trial court's order denying defendant relief on jurisdictional grounds was reversed, and the matter was remanded for that court to consider defendant's request on the merits as one for a writ of habeas corpus.
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| Helton v. State, A07A0386.,
COURT OF APPEALS OF GEORGIA, April 4, 2007, Decided
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Overview: Given that defendant physically assaulted an officer prior to arrest, continued to resist and obstruct the officer's official duties, and kicked out a patrol car window once detained, his convictions based on the same were upheld and he was not entitled to an acquittal. Further, based on the court's proper instructions, a new trial was unwarranted.
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| Butler v. State, A07A0585.,
COURT OF APPEALS OF GEORGIA, April 5, 2007, Decided
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Overview: When a deputy testified that defendant resisted her efforts to break up a prison fight, then turned on the deputy and punched her and swung at her repeatedly, injuring the deputy, there was sufficient evidence of mutiny in a penal institution and felony obstruction of an officer. Defendant's intent could be inferred from these circumstances.
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| In the Interest of L.J.L., A07A0533.,
COURT OF APPEALS OF GEORGIA, April 5, 2007, Decided
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Overview: A delinquency adjudication was reversed. The adjudication had been based on the petition's fifth count, which stated that the juvenile defendant was associating with gang members in violation of his probation, but the State conceded that the count did not contain sufficient factual details to inform defendant of the nature of the offense charged.
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| In the Interest of R.C.M., A07A0399, A07A0436.,
COURT OF APPEALS OF GEORGIA, April 5, 2007, Decided
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Overview: It was error to terminate a father's parental rights under O.C.G.A. § 15-11-94. The termination petition had been filed while the father, with whom the children had been living before his arrest, was still incarcerated on forgery and firearms charges, and he had not been given any realistic opportunity to fulfil the goals of a reunification plan.
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