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| Donnell v. State, A07A0441.,
COURT OF APPEALS OF GEORGIA, April 17, 2007, Decided
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Overview: Defendant's conviction of burglary (O.C.G.A. § 16-7-1) was affirmed, as an expert firearms and tool mark examiner testified with absolute certainty that a wire cutter in defendant's multipurpose tool had been used to cut the fence at the body shop. Counsel was not ineffective for failing to make a futile objection.
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| Kirkland v. Kirkland, A07A0863,
COURT OF APPEALS OF GEORGIA, April 17, 2007, Decided
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Overview: A son's tort claims against his mother for alleged child abuse were time-barred by O.C.G.A. § 9-3-33. At the latest, the claims had accrued in 1977, when the son was 22 and moved out of state; a continuing tort theory did not apply to the son's PTSD claim because the son's exposure to the alleged acts had ceased over two years before he filed suit.
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| McHugh v. State, A07A0323.,
COURT OF APPEALS OF GEORGIA, April 17, 2007, Decided
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Overview: Because an officer's implied consent warning was substantively accurate so as to permit defendant to make an informed decision about whether to consent to a state-administered breath test, and the warning did not apply to his Pennsylvania license, the trial court did not err in denying exclusion of the results of said breath test.
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| Simmons v. State, A07A0228.,
COURT OF APPEALS OF GEORGIA, April 17, 2007, Decided
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Overview: Family violence battery conviction was upheld on appeal, as the victim's testimony, describing how defendant attacked her, despite inconsistencies therein, when coupled with her testimony about two prior incidents involving defendant, sufficiently supported the same.
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| State v. Hitchcock, A07A0584.,
COURT OF APPEALS OF GEORGIA, April 17, 2007, Decided
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Overview: Because the trial court's calendar did not allow for defendant's trial to be continued within the current term of court, and hence, his demand for a speedy trial could not be met, in light of the fact that the court gave the parties an opportunity to settle the case, its noncompliance with Ga. Unif. Super. Ct. R. 32.1 and dismissal were upheld.
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| Watson v. Ga. Dep't of Corr., A07A0840.,
COURT OF APPEALS OF GEORGIA, April 17, 2007, Decided
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Overview: As the State was shielded from liability against a false imprisonment claim, pursuant to O.C.G.A. § 50-21-24(7), and neither the State nor the Department of Corrections was a person, as that term was defined under 42 U.S.C.S. § 1983, both claims were properly dismissed by the trial court.
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| Young v. Williams, A07A0030.,
COURT OF APPEALS OF GEORGIA, April 17, 2007, Decided
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Overview: In a legal malpractice action, despite an attorney's claim that he was not in privity of contract with the decedent's widow, because she was an intended beneficiary of the decedent's will, he owed her a similar duty that he did to the decedent. Upon a breach of that duty, the widow was entitled to judgment as to the issue of liability.
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| Cartledge v. State, No. A07A0003.,
COURT OF APPEALS OF GEORGIA, April 18, 2007, Decided
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Overview: Evidence was sufficient to support defendant's armed robbery and firearm convictions when codefendants testified that defendant was one of the robbers; a victim identified defendant as a robber; items found in the car of defendant's girlfriend matched those of one robber; and a victim's purse was found in the home where defendant was arrested.
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| Cartledge v. State, A07A0003.,
COURT OF APPEALS OF GEORGIA, April 18, 2007, Decided
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Overview: Given the sufficient independent evidence linking defendant to the crimes, including testimony by his co-defendant, and the fact that the circumstances surrounding his arrest were admissible as part of the res gestae, his convictions for armed robbery and possession of a firearm during the commission of a crime were upheld on appeal.
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