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| Attaway v. State, A07A0880.,
COURT OF APPEALS OF GEORGIA, April 10, 2007, Decided
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Overview: Felony statutory rape conviction was upheld on appeal, and defendant was properly denied a new trial, as his failure to make a written request for a jury charge on circumstantial evidence was dispositive on the issue, and based on the evidence presented, the court was not required to sentence him for misdemeanor statutory rape.
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| BBL-McCarthy, LLC v. Baldwin Paving Co., A07A0723.,
COURT OF APPEALS OF GEORGIA, April 10, 2007, Decided
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Overview: Arising out of language in subcontractors' insurance policies and indemnification clauses in the subcontracts required the subcontractors' insurers to defend the general contractor and the owners as additional insureds and the subcontractors to indemnify them against claims in an underlying suit alleging negligent construction and supervision.
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| Burk v. State, A07A0114.,
COURT OF APPEALS OF GEORGIA, April 10, 2007, Decided
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Overview: Because sufficient exigent circumstances were presented to law enforcement officers to justify a warrantless search of defendant's home, specifically, multiple, underage individual consuming alcohol therein, said search was justified. Hence, the trial court did not err in denying defendant's motion to suppress the evidence seized as a result.
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| Crosby v. Comcast Corp., A07A0049. A07A0050.,
COURT OF APPEALS OF GEORGIA, April 10, 2007, Decided
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Overview: When a customer alleged that a cable TV employee had exposed himself to her, but admitted that she had suffered no physical injury, it was error to deny the employee summary judgment on the customer's gross negligence claim. Under the impact rule, the customer could not recover for ordinary or gross negligence in the absence of physical injury.
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| In the Interest of Am.T., A07A0235, A07A0236.,
COURT OF APPEALS OF GEORGIA, April 10, 2007, Decided
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Overview: Orders terminating the parental rights of both parents were upheld on appeal, supported by deprivation findings that were not appealed, the parents' unwillingness to address their mental health and substance abuse issues, and their failure to comply with the case plan. Further, this same evidence supported a best interest of the children finding.
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| Rocha v. State, A07A0310.,
COURT OF APPEALS OF GEORGIA, April 10, 2007, Decided
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Overview: With regard to defendant's convictions on drug-related offenses, the trial court properly denied defendant's motion to suppress the evidence seized from his apartment upon execution of a search warrant since the affidavit of a deputy based on an informant's tip sufficiently established probable cause as the informant was previously reliable.
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| Smith v. State, A07A0171.,
COURT OF APPEALS OF GEORGIA, April 10, 2007, Decided
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Overview: When defendant engaged in a five-minute gun battle in an occupied apartment complex, resulting in the victim's death when a bullet passed through a wall and struck her, defendant was properly convicted of voluntary manslaughter as a lesser offense of felony murder. The battle was clearly dangerous and life-threatening and connected to the homicide.
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