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   State Courts - Georgia - May 2 - May 4, 2007

  
Dixon v. State, A07A0016., COURT OF APPEALS OF GEORGIA, May 2, 2007, Decided
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Overview: Trial court properly denied a motion for a directed verdict of acquittal when defendant was charged with obstructing or hindering a law enforcement officer by spitting on him. Although defendant denied spitting and argued that only two witnesses had testified otherwise, a fact could be established by one witness, and credibility was a jury matter.

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Foster v. State, A07A0334., COURT OF APPEALS OF GEORGIA, SECOND DIVISION, May 2, 2007, Decided
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Overview: While an officer's encounter with defendant was consensual, consent to search defendant's pockets for weapons did not extend to allowing the officer to remove the contents of those pockets, when the contents did not feel like a weapon or an object immediately identifiable as contraband. Thus, defendant's motion to suppress should have been granted.

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Golden v. Vickery, A07A0669., COURT OF APPEALS OF GEORGIA, May 2, 2007, Decided
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Overview: When a superintendent of a city electrical department chose to insulate electrical lines instead of de-energizing them while work was being done near them, his decision was discretionary, entitling him to immunity. The High-Voltage Safety Act indicated that such a decision was discretionary, and the department had no policy as to such a decision.

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J & E Builders, Inc. v. R C Dev., Inc., A07A0208., COURT OF APPEALS OF GEORGIA, May 2, 2007, Decided
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Overview: A purchaser was entitled to specific performance of a real estate sales contract. The contract did not require the purchaser to select a set of restrictive covenants, and even if it did, the seller had waived any such requirement by informing the purchaser that it would not record any such covenants if the purchaser brought them to the closing.

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Young v. State, A07A0210., COURT OF APPEALS OF GEORGIA, May 2, 2007, Decided
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Overview: Because an officer did not have a particularized and objective reason to suspect defendant of any criminal activity before stopping defendant's vehicle, and the act of driving at night, lawfully, on a public road, and in a high crime area, did not justify the stop, the evidence seized as a result of the stop should have been suppressed.

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Edwards v. State, A07A0349., COURT OF APPEALS OF GEORGIA, May 4, 2007, Decided
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Overview: In a bench trial for armed robbery and aggravated assault, the evidence authorized the trial court to conclude that the State had sufficiently disproved a coercion defense. Defendant had not mentioned coercion in either of his two statements to police, one in which he had admitted to the crimes; it was not until trial that he claimed coercion.

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