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| Clark v. State, A07A0134.,
COURT OF APPEALS OF GEORGIA, April 27, 2007, Decided
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Overview: While sufficient evidence supported defendant's convictions, he was properly denied a new trial, as the state's commentary during opening and closing argument was proper, no abuse resulted from the admission of defendant's booking mug shot, and identification witnesses could testify about their level of certainty in identifying defendant.
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| Gillis v. State, A07A0822.,
COURT OF APPEALS OF GEORGIA, April 27, 2007, Decided
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Overview: There was insufficient evidence of constructive possession to support a conviction of possessing cocaine with intent to distribute. Although a brown paper bag of cocaine was found under the passenger seat where defendant had been sitting, there was no evidence that defendant knew of the contents of the bag or that he had hid it.
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| Hawthorne v. State, A07A0740.,
COURT OF APPEALS OF GEORGIA, April 27, 2007, Decided
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Overview: In a burglary case where a sawmill was stripped of copper wiring, the amount of a restitution order was not supported by the evidence. The correct determination of the amount of restitution was the fair market value of the property rather than the replacement cost, and witnesses for the State had testified only as to replacement value.
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| Mewborn v. State, A07A0335.,
COURT OF APPEALS OF GEORGIA, THIRD DIVISION, April 27, 2007, Decided
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Overview: On retrial, the trial court properly denied defendant's motion for a new trial in which he alleged that his trial counsel was ineffective in admitting notes generated by a forensic evaluator who interviewed the child victim, as defendant had previously been found guilty in the first trial in which the notes were not introduced.
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| Nhek v. State, A07A0263.,
COURT OF APPEALS OF GEORGIA, April 27, 2007, Decided
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Overview: When defendant entered a guilty plea in 1997 and filed a motion to withdraw it in 2006, the trial court was without jurisdiction to hear the motion because it had been filed after the term of court in which defendant was sentenced had expired in 1997.
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| Williams v. State, A07A0425,
COURT OF APPEALS OF GEORGIA, April 27, 2007, Decided
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Overview: The evidence was insufficient to convict defendant of obstructing a law enforcement officer in violation of O.C.G.A. § 16-10-24. The officer, though riding in a marked patrol car, had never activated his emergency lights or siren or attempted to stop defendant, and once defendant stopped his car and ran, the officer did not order defendant to stop.
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| DeSouza v. State, A07A0256.,
COURT OF APPEALS OF GEORGIA, April 30, 2007, Decided
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Overview: Because a plea of double jeopardy was frivolous, defendant's filing of a notice of appeal from the denial of an earlier jeopardy plea did not divest the trial court of jurisdiction over the case, but merely deprived it of its power to execute the sentence. Hence, when a sentence was not imposed until after remittitur was filed, no error resulted.
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| Saunders v. Indus. Metals & Surplus, Inc., A07A0038,
COURT OF APPEALS OF GEORGIA, April 30, 2007, Decided
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Overview: Out-of-possession landlord, and its tenants, who surrendered control of the premises, did not ratify a roof-repair contractor's actions in not providing safety equipment, and did not have superior knowledge of the dangers involved, were properly granted summary judgment in a repairman's premises liability action.
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| Small v. State, A07A0707.,
COURT OF APPEALS OF GEORGIA, SECOND DIVISION, April 30, 2007, Decided
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Overview: Because defendant's absence from a sentencing discussion during jury deliberations clearly had no bearing on his opportunity for effective cross-examination, both he and his counsel were present for the entire sentencing hearing, and defendant had an opportunity to present evidence and to object, his right to be present was not violated.
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| In the Interest of J.M.N., A07A0067.,
COURT OF APPEALS OF GEORGIA, May 1, 2007, Decided
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Overview: Because a mother was bound by an unappealed deprivation order, failed to maintain stable housing and employment, had a prolonged unwillingness to address her mental health issues, and lacked the ability to develop sufficient parenting skills to address the special needs of her children, an order terminating her parental rights was upheld.
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