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| Bakyayita v. State, A06A0452.,
COURT OF APPEALS OF GEORGIA, March 31, 2006, Decided
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Overview: Armed robbery, possession of a firearm while in commission of a felony, and theft by taking convictions were affirmed, as supported by the evidence; the trial court did not abuse its discretion in denying defendant a continuance based on his failure to diligently retain counsel; and the court properly refused to dismiss a juror for cause.
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| Davis v. State, A06A0469.,
COURT OF APPEALS OF GEORGIA, March 31, 2006, Decided
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Overview: Testimony of single witness was sufficient to establish a fact under O.C.G.A. § 24-4-8, and convictions for, inter alia, rape, were supported by sufficient evidence where the victim testified that defendant forced her into a train boxcar, threatened to kill her, and had vaginal and oral sex with her against her will and without her consent.
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| Drummond v. State, A06A0717.,
COURT OF APPEALS OF GEORGIA, March 31, 2006, Decided
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Overview: Admission of evidence of prior incident in trial of trafficking in cocaine charge was not error where, in both instances defendant possessed "crack" cocaine and a large amount of cash, despite facts that present charge involved traffic accident and defendant's flight, but prior incident did not, and that amount of drugs involved was different.
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| Jones v. State, A06A0265.,
COURT OF APPEALS OF GEORGIA, March 31, 2006, Decided
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Overview: Where defendant, accused of committing acts which disabled two cars, testified that his wife's father gave both cars to her and that both were registered in her name, and there was no evidence that either car belonged exclusively to defendant, victim had interests in each car, so two convictions for criminal trespass were supported by evidence.
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| McGill Homes, Inc. v. Weaver, A06A0427.,
COURT OF APPEALS OF GEORGIA, March 31, 2006, Decided
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Overview: In a case seeking to vacate an arbitration award under O.C.G.A. § 9-9-13(b), it was evident that seller's claims of "manifest disregard of the law" were nothing more than unreviewable factual issues. Also, by failing to provide transcript of arbitration hearing, seller was precluded from fulfilling its burden of showing manifest disregard of law.
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| Summerlin v. Ga. Pines Cmty. Serv. Bd., A06A0645.,
COURT OF APPEALS OF GEORGIA, March 31, 2006, Decided
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Overview: Because an administratrix served ante litem notice of her claims in her wrongful death action upon the clerk of a service provider's chief executive officer at the office address of said officer, said service was sufficient under both O.C.G.A. §§ 50-21-35 and 9-11-4. Hence, summary judgment was erroneously entered against her on this issue.
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| Winfield v. State, A06A0364.,
COURT OF APPEALS OF GEORGIA, March 31, 2006, Decided
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Overview: Appellate court upheld counsel's decision not to challenge identification evidence or request an instruction regarding the same, as part of his trial strategy. Further, counsel was not ineffective for failing to track down an unknown witness, especially where that witness would not have helped defendant's defense.
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| Talley v. Housing Auth., A06A0393.,
COURT OF APPEALS OF GEORGIA, April 5, 2006, Decided
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Overview: O.C.G.A. § 36-61-1 et seq. authorized housing authority to exercise eminent domain to acquire and redevelop urban property found to be "slum area." Housing authority's disposition of condemned property was allowed, and it was entitled to summary judgment on former owner's claim that it abandoned condemned property and sold it to private party.
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