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| Breland v. State, A07A0107.,
COURT OF APPEALS OF GEORGIA, May 8, 2007, Decided
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Overview: Evidence surrounding the events on the night the crimes were committed, as well as the history of past abuse defendant suffered, supported a finding of provocation to uphold defendant's voluntary manslaughter and other convictions. Further, absent notice of any mental health problems, counsel was not ineffective in seeking a mental evaluation.
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| Carpenter v. State, A07A0634.,
COURT OF APPEALS OF GEORGIA, May 8, 2007, Decided
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Overview: Counsel was not ineffective for failing to move to suppress defendant's videotaped statement, as it was consistent with defendant's justification theory and allowed the jury to hear evidence that was unfavorable to the victim. As the prosecutor's closing argument was not improper, counsel was not ineffective for failing to object to it.
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| Curtis v. State, A07A1038.,
COURT OF APPEALS OF GEORGIA, May 8, 2007, Decided
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Overview: As the trial court properly instructed the jury in the prosecution of a mother and her daughter of crimes arising from the battery and obstruction of a police officer, their convictions were upheld. Further, as the state properly tracked the language of the governing statutes, no fatal variance in the accusation resulted.
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| Duggan v. State, A07A0205.,
COURT OF APPEALS OF GEORGIA, May 8, 2007, Decided
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Overview: Given the testimony by three witnesses as to defendant's direct involvement as a participant in the crimes, his convictions were upheld. Further, as counsel's preservation of his right to make the final closing argument was part of a sound trial strategy in not impeaching a witness, and alternative impeachment methods showed bias, he was effective.
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| Garrett v. State, A07A0296.,
COURT OF APPEALS OF GEORGIA, May 8, 2007, Decided
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Overview: Because defendant waived any discovery violation and best evidence issue, res gestae testimony offered by the victim about the rape was proper, defendant's requested jury charge as to the kidnapping charge was incorrect, and trial counsel was not ineffective in the way he handled his representation, defendant's convictions were upheld on appeal.
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| Harper v. State, A07A0181.,
COURT OF APPEALS OF GEORGIA, May 8, 2007, Decided
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Overview: As sufficient evidence supported defendant's convictions of possession of cocaine with intent to distribute and giving a false name and date of birth to a law enforcement officer, because the argument raised on appeal challenging the denial of his suppression motion was not raised at trial, it was not reviewed for the first time on appeal.
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| In the Interest of A.B., A07A0452,
COURT OF APPEALS OF GEORGIA, May 8, 2007, Decided
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Overview: In light of a mother's failure to comply with the safety plans designed to provide the parental care or control necessary for her youngest child's physical, mental, or emotional health or morals, and the prior proceedings involving the mother's older children, a deprivation finding and entry of a protective order against the mother were affirmed.
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| In the Interest of S.S.G.A., A07A0285. A07A0286.,
COURT OF APPEALS OF GEORGIA, May 8, 2007, Decided
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Overview: Termination of parental rights pursuant to O.C.G.A. § 15-11-94 was upheld; a rational factfinder could have found by clear and convincing evidence as to the mother that the conditions of the children's deprivation were likely to continue, and the father's history of chronic, unrehabilitated drug abuse and incarcerations supported termination.
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| Jaheni v. State, A07A0193.,
COURT OF APPEALS OF GEORGIA, May 8, 2007, Decided
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Overview: With regard to defendant's convictions for armed robbery, hijacking a motor vehicle, and other felony offenses, O.C.G.A. § 16-1-7(b) was not violated nor was defendant's right against double jeopardy since traffic offenses occurring from the same incident for which he was convicted in a separate court involved entirely separate elements.
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| McCoy v. State, A07A0011.,
COURT OF APPEALS OF GEORGIA, May 8, 2007, Decided
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Overview: Because probable cause supported defendant's arrest, suppression of his statement was unwarranted. Further, the evidence did not support striking a juror for cause, defendant waived any irregularity in the verdict, counsel was not ineffective, and defendant's right to counsel was not violated when counsel was ordered to continue his representation.
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