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| Bonner v. State, A06A0716.,
COURT OF APPEALS OF GEORGIA, April 13, 2006, Decided
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Overview: Sufficient evidence, including a tape recording of a drug transaction, and testimony from three government agents, supported defendant's sale of cocaine conviction. Further, albeit suggestive, both pre-trial and in-court identifications of defendant had an independent basis. But, defendant failed to preserve a jury charge regarding the same.
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| CSX Transp., Inc. v. Deen, A06A0152.,
COURT OF APPEALS OF GEORGIA, April 13, 2006, Decided
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Overview: Before the appellate court reversed trial court's denial of summary judgment to defendant, the trial court had found that defendant abused the discovery process. As the trial court expressly reserved the issue of sanctions for later determination, it had jurisdiction, after remand, to award plaintiff's attorney's fees under O.C.G.A. § 9-11-37(d).
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| Greene v. State, A06A0242.,
COURT OF APPEALS OF GEORGIA, April 13, 2006, Decided
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Overview: Defendant was properly convicted of causing death while operating a vehicle after having been declared a habitual violator (O.C.G.A. § 40-6-393(c)); though he was eligible to apply for a license under O.C.G.A. § 40-5-62(a)(1), as he did not apply for reinstatement of his license after five years had elapsed, the revocation remained in effect.
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| In re Estate of Barr, A05A2013.,
COURT OF APPEALS OF GEORGIA, April 13, 2006, Decided
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Overview: As an estate had sufficient funds to pay a bequest to appellee, under O.C.G.A. § 53-4-61(b)(3), the probate courts decision that "other equitable circumstances" did not justify a decision not to award appellee prejudgment interest was left to its sound equitable discretion, and the appellate court found no manifest abuse of that discretion.
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| In the Interest of L.J., A06A0433.,
COURT OF APPEALS OF GEORGIA, April 13, 2006, Decided
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Overview: Court properly imposed restrictive custody on finding that juvenile stole a second car, as O.C.G.A. 15-11-63(a)(2)(E) did not require proof of a second "adjudication" of delinquency to authorize restrictive custody. It sufficed that juvenile committed second "violation" of O.C.G.A. §§ 16-8-2 though 16-8-9, as stolen property was a motor vehicle.
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| In the Interest of M.P., A06A0687.,
COURT OF APPEALS OF GEORGIA, April 13, 2006, Decided
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Overview: As security officer was on school property when fellow officer told him that truant juvenile was hiding behind house, juvenile could be pursued as being suspected of hindering officer in the lawful discharge of his duties in violation of O.C.G.A. § 16-10-24, even if the officer left school grounds, as he did so in hot pursuit of suspected offender.
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| Lawson v. State, A06A0478.,
COURT OF APPEALS OF GEORGIA, April 13, 2006, Decided
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Overview: Fact that indictment charged defendant with aggravated assault and battery by slicing victims neck with knife, but evidence showed he used box cutter, was not a fatal variance between indictment and proof as indictment sufficiently informed him of charges to allow him to defend, and he faced no danger of second prosecution arising out of incident.
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| Smith v. State, A06A0822.,
COURT OF APPEALS OF GEORGIA, April 13, 2006, Decided
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Overview: Because the trial judge failed to exercise his discretion when he imposed a consecutive sentence for a hijacking count, said sentence was vacated, despite the fact that the judge considered several factors in imposing the same. Hence, the sentencing error could not be considered harmless.
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| Stancil v. State, A06A0144.,
COURT OF APPEALS OF GEORGIA, April 13, 2006, Decided
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Overview: Jury could have convicted defendant of aggravated assault based on evidence that he pointed a reassembled rifle at an officer, and that the gun reasonably appeared to be a deadly weapon. Further, trial counsel was not ineffective, as defendant was not prejudiced by counsel's failure to object to the rifle being admitted into evidence.
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| Stapleton v. State, A06A0306.,
COURT OF APPEALS OF GEORGIA, April 13, 2006, Decided
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Overview: Trial court did not err in admitting breath test results against defendant, as she rescinded an earlier refusal to take the test at the police station and there was no evidence of coercion, threats, or misconduct by the officer. Further, nothing supported the use of a third DUI conviction in aggravation of punishment.
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