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| Boileau v. State, A07A0385.,
COURT OF APPEALS OF GEORGIA, April 12, 2007, Decided
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Overview: There was sufficient evidence of force for an aggravated sodomy conviction under O.C.G.A. § 16-6-2. The 10-year-old victim's testimony that she was scared and that she wanted defendant to stop established that her lack of resistance was induced by fear, and defendant's pulling down the victim's garments while she slept was some evidence of force.
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| Halligan v. Broun, A07A0398.,
COURT OF APPEALS OF GEORGIA, April 12, 2007, Decided
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Overview: When the uncontradicted evidence showed that just before running a red light, a second driver had suffered a sudden and unforeseeable loss of consciousness, the co-executor for the second driver had established a prima facie case of an act of God defense under O.C.G.A. § 1-3-3(3). As this defense was not rebutted, summary judgment was proper.
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| Jones v. State, A07A0958.,
COURT OF APPEALS OF GEORGIA, April 12, 2007, Decided
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Overview: Defendant had waived his claim that trial counsel was ineffective for failing to submit a certain jury charge. Although appellate counsel had raised the issue of ineffectiveness in an amended motion for new trial, this claim had been expressly withdrawn when the motion was heard; thus, defendant had waived the issue on appeal.
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| Lawton v. State, A07A0827.,
COURT OF APPEALS OF GEORGIA, April 12, 2007, Decided
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Overview: Because counsel made a reasonable strategic decision not to file a motion to suppress based on defendant's own statements which caused counsel to believe that defendant lacked standing to contest a search, counsel was not ineffective to the extent that warranted an order allowing defendant to withdraw his guilty plea.
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| Mann v. State, A07A0212.,
COURT OF APPEALS OF GEORGIA, April 12, 2007, Decided
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Overview: Because the trial court erred by admitting the results of a drug test without a showing that the type of test given had reach a scientific state of verifiable certainty, allowing admission of the test's results in the absence of expert testimony, and that the court relied on said results in revoking a probation term, said revocation was vacated.
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