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| Floyd v. State, A06A0321.,
COURT OF APPEALS OF GEORGIA, April 18, 2006, Decided
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Overview: Trial court erred in focusing on the timing of defendant's effort to obtain an out-of-time appeal in resolving the determinative issue of whether the initial failure to pursue a timely direct appeal was attributable to trial counsel or to defendant himself.
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| In the Interest of C. P., A06A0678, A06A0679.,
COURT OF APPEALS OF GEORGIA, April 18, 2006, Decided
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Overview: Since neither parent appealed deprivation orders, they were bound by their findings for purposes of a later termination hearing. Termination order was supported by sufficient evidence, including, inter alia, the failure of the parents to stop abusing drugs, to achieve stable housing, to support the children, and to maintain contact with them.
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| Sorrells v. State, A06A0228.,
COURT OF APPEALS OF GEORGIA, April 18, 2006, Decided
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Overview: Conviction for armed robbery, O.C.G.A. § 16-8-41(a), was supported by sufficient evidence which showed, inter alia, that both victims identified defendant as one of the men who robbed them at gunpoint, and that, shortly after robberies, police located defendant near crime scene wearing clothes matching the description given by the victims.
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| Butts v. State, A06A0419.,
COURT OF APPEALS OF GEORGIA, April 19, 2006, Decided
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Overview: Trial court did not rule on effect of future cross examination in ruling on motion in limine, so there was no error as alleged by defendant. Defendant failed to show that alleged forensic evidence either existed or would have tended to exculpate him, and thus failed to show ineffective assistance in counsel's failure to pursue such evidence.
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| Chatfield v. State, A06A0475.,
COURT OF APPEALS OF GEORGIA, April 19, 2006, Decided
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Overview: Defendant's appellate claim that there was no enunciation of an appropriate purpose for similar transaction evidence was waived since defendant failed to raise it in the trial court. At the pre-trial hearing, defendant argued only that insufficient evidence showed he committed the prior acts and that the acts were insufficiently similar.
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| In the Interest of L.S., A06A0424.,
COURT OF APPEALS OF GEORGIA, April 19, 2006, Decided
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Overview: Trial court's denial of motion to vacate a disposition order and enter a plea of incompetence because it believed that it lacked jurisdiction to grant the relief requested was error pursuant to O.C.G.A. § 15-11-40(a)(3) where the record showed that appellant had been found incompetent to stand trial in another county.
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| Mauge v. State, A06A0635.,
COURT OF APPEALS OF GEORGIA, April 19, 2006, Decided
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Overview: Officer who saw defendant asleep in car parked at a house was headed to the house, and was entitled to initiate a "first-tier" encounter by approaching the car and asking defendant to step out. Marijuana seen in plain view in car gave probable cause to arrest defendant, and to search car. Search of car incident to arrest was also authorized.
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| Nye v. State, A06A0739.,
COURT OF APPEALS OF GEORGIA, April 19, 2006, Decided
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Overview: Accusation specified that defendant was charged with exceeding speed limit on certain road on certain day, which was sufficient to put him on notice that he was being tried for speeding, O.C.G.A. § 40-6-181(b). Failure to challenge incorrect code citation in indictment before entering his plea waived right to be tried on perfect indictment.
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