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| Kirkland v. Tamplin, A07A1225.,
COURT OF APPEALS OF GEORGIA, April 25, 2007, Decided
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Overview: Because an uncle failed to show evidence of improper purpose to prove his claims of tortious interference, and failed to show that his nephew's conduct was extreme and outrageous enough to support an intentional infliction of emotional distress claim, summary judgment was properly entered against him.
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| Brown v. State, A07A0086,
COURT OF APPEALS OF GEORGIA, April 26, 2007, Decided
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Overview: Based on evidence that only defendant could have been the culpable party, his convictions for criminal attempt to commit theft by taking and first-degree forgery were upheld. Further, his claim that counsel was ineffective for failing to call certain witnesses lacked merit, absent evidence that their testimony would have affected the outcome.
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| City of Atlanta v. Broadnax, A07A0277, A07A0278.,
COURT OF APPEALS OF GEORGIA, April 26, 2007, Decided
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Overview: There was sufficient evidence to support a verdict in favor of homeowners who brought a nuisance suit against a city. The homeowners had established that for decades, local residents had complained about flooding during rain due in part to the fact that the city's failure to regularly pick up trash and debris resulted in clogged catch basins.
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| Cochran v. State, A07A0730.,
COURT OF APPEALS OF GEORGIA, April 26, 2007, Decided
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Overview: Because sufficient evidence, consisting of both medical testimony and of the surrounding circumstances leading up to defendant's act of breaking his daughter's arm, was presented to satisfy the requisite element of intent, defendant's conviction for first-degree cruelty to children was upheld on appeal.
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| Dukes v. State, A07A0629.,
COURT OF APPEALS OF GEORGIA, April 26, 2007, Decided
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Overview: As sufficient evidence existed that defendant's act of shooting the victim was not accidental or justified, the victim knew defendant had a gun as he approached her, and such placed her in reasonable apprehension of a violent injury, defendant's convictions were upheld. Further, his ineffective of counsel claim was unsupported by the record.
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| McTaggart v. State, A07A0764.,
COURT OF APPEALS OF GEORGIA, April 26, 2007, Decided
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Overview: Given a valid search warrant, which was based on admissible and reliable information, defendant's trafficking in methamphetamine and possession of a firearm by a convicted felon convictions were upheld based on the evidence seized. Further, counsel's trial strategy and failure to subpoena certain witnesses did not amount to ineffective assistance.
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| Pearson v. Tippmann Pneumatics, Inc., A05A1581.,
COURT OF APPEALS OF GEORGIA, April 26, 2007, Decided
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| Portilla v. State, A07A0423.,
COURT OF APPEALS OF GEORGIA, SECOND DIVISION, April 26, 2007, Decided
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Overview: Because the record showed that defendant knowingly, voluntarily, and intelligently waived his right to a jury trial, a remand for resolution of that issue was not ordered. But, defendant raised a colorable claim of ineffective assistance of counsel, and because he did so at the earliest practicable opportunity, remand on this claim was warranted.
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| Shirley v. Ficarrotta, A07A0269.,
COURT OF APPEALS OF GEORGIA, April 26, 2007, Decided
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Overview: In an action arising from a contract for the sale of land, because a buyer waived any right to a default judgment by not raising the issue of default until his appeal, no error resulted in either allowing the seller to present evidence, or entering judgment in her favor, as the facts alleged by the buyer failed to successfully prove his claims.
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