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   State Courts - Georgia - April 20, 2006

  
Banks v. State, A06A0628., COURT OF APPEALS OF GEORGIA, April 20, 2006, Decided
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Overview: Child molestation conviction was upheld, as the continuing witness rule did not apply to demonstrative evidence, any perceived rebuke of counsel was adequately cured by a curative instruction, and any deficiency in the same could have been cured had defense counsel undertaken an offer by the court to prepare the curative instruction.

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Herring v. State, A06A0264., COURT OF APPEALS OF GEORGIA, April 20, 2006, Decided
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Overview: Knock-and-talk procedure was permissible. That an officer used a plastic cup to hit the door because he was not standing directly in front of the door for safety reasons and for the preservation of contraband inside the house did not turn this into an impermissible encounter. Once door was opened, officer saw drugs in plain view inside.

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Koncul Enters. v. Fleet Fin., Inc., A06A0271., COURT OF APPEALS OF GEORGIA, April 20, 2006, Decided
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Overview: Homebuilder's action against financing company was time barred. Homebuilder believed payoff amounts quoted by financing company were inaccurate when received, and thus had reason to believe that a breach of contract had occurred at that time. O.C.G.A. § 9-3-24 required the suit to have been brought within six years of that date, but it was not.

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State v. Scott, A06A0598., COURT OF APPEALS OF GEORGIA, April 20, 2006, Decided
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Overview: Where police officers lacked a reasonable, articulable suspicion to stop a vehicle on suspicion of truancy of the occupants, and even less reason to search defendant's nearby vehicle, suppression of the gun and drugs found in defendant's vehicle was proper under U.S. Const. amend. IV, as it was a direct product of the illegality.

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Wynn v. City of Warner Robins, A06A0402., COURT OF APPEALS OF GEORGIA, April 20, 2006, Decided
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Overview: A trial court properly denied a driver's motion for a directed verdict and judgment notwithstanding the verdict, pursuant to O.C.G.A. § 9-11-50(a), in his personal injury action arising from a collision with an emergency vehicle that had proceeded through a red light, as sufficient evidence supported use of the privilege under O.C.G.A. § 40-6-6.

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