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   State Courts - Georgia - April 13, 2007

  
Birt v. State, A07A0241., COURT OF APPEALS OF GEORGIA, April 13, 2007, Decided
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Overview: Defendant's first-degree criminal damage to property convictions was upheld on appeal, under the doctrine of transferred intent, as defendant could not take advantage of his own wrong in shooting at a police officer, and the intent to harm incident therein, transferred to an apartment building that was struck and damaged in the melee.

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Bousset v. Walker, A07A0135., COURT OF APPEALS OF GEORGIA, April 13, 2007, Decided
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Overview: Trial court properly granted summary judgment, in a patient's medical malpractice action filed by a patient against her dentist, based on the expiration of the statute of limitation and rejection of the continuous treatment doctrine by the Supreme Court of Georgia and because the exception for a subsequent injury did not apply.

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Ford v. State, A07A0331., COURT OF APPEALS OF GEORGIA, April 13, 2007, Decided
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Overview: Given the sufficiency of the evidence supporting defendant's prostitution conviction, the statements made by her co-defendant, and a detective's admissible testimony, as refreshed by a book-in photograph, such was upheld on appeal. Moreover, the discovery rules in misdemeanor prosecutions did not require that said photo be previously disclosed.

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Hinely v. Alliance Metals, Inc., A06A2466., COURT OF APPEALS OF GEORGIA, April 13, 2007, Decided
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Overview: A trial court erred by granting summary judgment to a former employer in a breach of contract suit brought by a former employee since a federal action commenced after the state action never decided the breach of contract issue and res judicata did not apply since the state suit was actually filed before the federal suit.

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Lopez v. State, A07A0531., COURT OF APPEALS OF GEORGIA, FOURTH DIVISION, April 13, 2007, Decided
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Overview: When an officer, having arrested defendant, found cocaine in his car and told him that he would be arrested for that also because his passengers had not admitted owning it, after which defendant said the cocaine was his, there had been no interrogation prior to delivery of a Miranda warning. The statement did not require an incriminating response.

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