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| Milanovich v. State, A06A0830.,
COURT OF APPEALS OF GEORGIA, April 6, 2006, Decided
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Overview: Trial court was authorized to find that defendant's presence on private property caused justifiable and reasonable alarm for safety of property, and probation revocation was proper where record showed, inter alia, that defendant climbed through a hole in a fence around the property at a time when the business was closed and the gate shut.
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| Tant v. Purdue, A06A0821.,
COURT OF APPEALS OF GEORGIA, April 6, 2006, Decided
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Overview: Officer was performing discretionary act when he concluded that a husband was driving recklessly and under the influence in a fatal traffic accident. Since there was no evidence that the officer acted with actual malice, summary judgment in suit brought by the husband based on the filing of criminal charges which were later dropped was proper.
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| Thomas v. State, A06A0064.,
COURT OF APPEALS OF GEORGIA, April 6, 2006, Decided
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Overview: Even if counsel gave incorrect advice as to sentencing, defendant did not establish that this caused him to plead guilty, and his claim of ineffective assistance failed, where he was warned by the trial court at the plea hearing that he could be sentenced to up to 15 years upon pleading guilty and that any sentence would be without parole.
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| Windham v. State, A06A0704.,
COURT OF APPEALS OF GEORGIA, April 6, 2006, Decided
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Overview: While defendant and co-defendant said that the victim had a gun, no other witness saw the victim with a gun, and no such gun was found. There was evidence that defendant chased victim and shot him from behind. Jury was entitled to reject self-defense claim under O.C.G.A. § 16-3-21(a), and evidence supported voluntary manslaughter conviction.
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| Burkett v. Liberty Mut. Fire Ins. Co., A06A0696.,
COURT OF APPEALS OF GEORGIA, April 7, 2006, Decided
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Overview: Trial court did not err in ruling that a claimant seeking uninsured motorist benefits under two insurance polices, with two different insurers, failed to comply with the notice provisions applicable to said claims under each policy, supporting an order granting summary judgment against him.
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| Frazier v. State, A06A0707.,
COURT OF APPEALS OF GEORGIA, April 7, 2006, Decided
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Overview: Defendant did not object to questions of experts which elicited testimony bolstering a child victim's credibility relating to her allegations of sexual abuse, or to the responses, nor did he ask for curative instructions or move for a mistrial, all of which amounted to a waiver of any objection that might have been raised.
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| Stephens v. State, A06A0994.,
COURT OF APPEALS OF GEORGIA, April 7, 2006, Decided
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Overview: Because the undisputed evidence established that the arresting officer lacked probable cause to believe that defendant committed the crime of eluding an officer under O.C.G.A. § 40-6-395(a), a subsequent arrest of defendant was invalid, making a search incident thereto and an inventory search of his car illegal, warranting suppression.
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| Stinson v. State, A06A0274.,
COURT OF APPEALS OF GEORGIA, April 7, 2006, Decided
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Overview: Because a probationer elected to plead guilty and undergo alternative treatment under O.C.G.A. § 16-13-2(a), he was not entitled to credit for time spent in treatment if he was subsequently terminated from the program and sentenced on his original crime. Further, any error in failing to rule on a jurisdictional issue was harmless.
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| Walker v. Sears Roebuck & Co., A06A0681.,
COURT OF APPEALS OF GEORGIA, April 7, 2006, Decided
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Overview: Summary judgment was properly entered against a customer, in her slip and fall action against a retailer, as there was no contradiction between her responses in her deposition as to what caused her fall and she failed to prove that the retailer had knowledge of any hazard other than the rain water of which she had equal knowledge.
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