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| Fitzgerald v. State, A06A0381.,
COURT OF APPEALS OF GEORGIA, April 21, 2006, Decided
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Overview: Robbery by snatching conviction was upheld, based on the victim's clear identification of defendant and evidence linking defendant to the crime. Further, as a motion to suppress the evidence of cash found in defendant's pocket would have been unsuccessful, counsel was not ineffective in failing to file the same.
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| Garcia v. State, A06A0510.,
COURT OF APPEALS OF GEORGIA, April 21, 2006, Decided
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Overview: Since the evidence was undisputed that the conspirators to a scheme to rob for drugs came into possession of drugs, if the jury found that defendant was a member of that conspiracy, then defendant was also guilty of completed crime pursuant to O.C.G.A. § 16-2-20, and the trial court's omission to charge on conspiracy was proper.
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| Gibbs v. State, A06A0352.,
COURT OF APPEALS OF GEORGIA, April 21, 2006, Decided
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Overview: Since witnesses had ample opportunity to see unmasked robber from few feet away in well lit room, their attention was focused on robber, their descriptions of robber's clothing were consistent and accurate, and pre-trial identifications took place immediately after robbery, trial court did not err in admitting witness's in-court identifications.
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| In the Interest of A.H., A06A0532.,
COURT OF APPEALS OF GEORGIA, April 21, 2006, Decided
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Overview: Although a putative father failed to serve a child's mother with a legitimation petition in a timely manner pursuant to O.C.G.A. § 19-7-22(b), a juvenile court erred in failing to consider the discretion it had to grant an extension of time for service pursuant to O.C.G.A. § 15-11-96 within the context of a parental rights termination proceeding.
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| Johnson v. State, A06A0025, A06A0544.,
COURT OF APPEALS OF GEORGIA, April 21, 2006, Decided
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Overview: A trial court did not err in failing to merge a defendant's aggravated assault convictions into his armed robbery conviction, as each of the crimes was proven by different sets of facts; although they all occurred during one criminal incident, they occurred at different points in time and with separate intents.
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| Register v. State, A06A0073.,
COURT OF APPEALS OF GEORGIA, April 21, 2006, Decided
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Overview: As defendant did not agree to pay the full damages to the victim's truck as part of his negotiated guilty plea to a lesser included offense of criminal trespass under O.C.G.A. § 16-7-21(a), the trial court's order requiring that the full amount be paid as a condition of his probation was vacated, and a new restitution hearing ordered.
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| Sandidge v. State, A06A0692.,
COURT OF APPEALS OF GEORGIA, April 21, 2006, Decided
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Overview: Since the only statements shown in evidence to have been uttered by defendant to an officer during an incident at a store were, "Arrest me" and "Damn, I'm calling corporate office" did not rise to level of required "fighting words," defendant's conviction of disorderly conduct, O.C.G.A. § 16-11-39(a)(3), was not supported by sufficient evidence.
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| Taylor v. Calvary Baptist Temple, A06A0446.,
COURT OF APPEALS OF GEORGIA, April 21, 2006, Decided
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Overview: Summary judgment was properly entered in an employee's wrongful termination action, as he was an at-will employee, the employer was authorized to protect its interest in its curriculum and property, no evidence supported a claim of slander, and vague statements accusing the employee of a crime did not constitute slander per se.
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| Williams v. State, A06A0614.,
COURT OF APPEALS OF GEORGIA, April 21, 2006, Decided
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Overview: While defendant's drug related convictions were supported by sufficient evidence, and similar transaction evidence was properly admitted, a possession of a firearm during the commission of a felony conviction was reversed, as the State failed to show that the firearm was on or within arm's reach of defendant's person.
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