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   State Courts - Georgia - May 9, 2007

  
Balotin v. Simpson, A07A0605, COURT OF APPEALS OF GEORGIA, THIRD DIVISION, May 9, 2007, Decided
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Overview: Order denying dismissal of a fraud claim in a medical malpractice action was reversed, as there was no evidence that the doctor sued knew or even suspected that the patient had a pancreatic tumor, or that he withheld information regarding the same. Thus, equitable estoppel did not apply and the fraud claim was barred by the statute of repose.

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Burns v. Leap, A07A0037., COURT OF APPEALS OF GEORGIA, May 9, 2007, Decided
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Overview: In a personal injury suit brought by a visitor seeking damages for injuries incurred after being kicked by a horse, the owner of the real property was properly granted summary judgment since there was no evidence whatsoever that the owner was aware of any vicious propensity on the part of the horse, as required by O.C.G.A. § 51-2-7.

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Davis v. State, A07A0401., COURT OF APPEALS OF GEORGIA, May 9, 2007, Decided
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Overview: Given that sufficient circumstantial evidence was presented for the jury to conclude that defendant was in knowing possession of the cocaine found on the grass near the vehicle after it rolled over as a result of a crash, and the jury could reject his equal access argument, his convictions were upheld on appeal.

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Diop v. State, A07A0370., COURT OF APPEALS OF GEORGIA, May 9, 2007, Decided
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Overview: As the testimony from the aggravated assault victim's girlfriend was sufficient, standing alone, to support an aggravated assault conviction, such was upheld on appeal. Further, given that the state offered similar transaction evidence for a proper purpose, and met the required factors for admission, no error resulted from said admission.

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Hill v. State, A07A0105., COURT OF APPEALS OF GEORGIA, May 9, 2007, Decided
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Overview: Because trial counsel withdrew from her representation without fulfilling her duty to fully inform defendant of his appeal rights, and the record failed to show whether defendant was indigent or whether he was informed of his right to appointed counsel, an order denying defendant an out-of-time appeal was reversed, and the case was remanded.

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Shafer v. State, A07A0578., COURT OF APPEALS OF GEORGIA, May 9, 2007, Decided
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Overview: Given the sufficiency of the state's evidence, a harmless error regarding admission of testimony on an ultimate issue, defendant's waiver of an objection to admission of a letter allegedly written by him, and the fact that counsel was not ineffective in failing to file a meritless motion, defendant's aggravated stalking convictions were affirmed.

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State v. Morehead, A07A0681., COURT OF APPEALS OF GEORGIA, SECOND DIVISION, May 9, 2007, Decided
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Overview: Because the State failed to provide defendant with sufficient notice that he could not return to a train station without facing the risk of being arrested for criminal trespass, an essential element of said crime, he could not be arrested for the same. Hence, any search incident thereto was invalid, warranting suppression of the evidence seized.

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Woodyard v. Jones, A07A0933., COURT OF APPEALS OF GEORGIA, May 9, 2007, Decided
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Overview: Because a landowner abandoned error regarding the denial of his motion to dismiss and the trial court properly adopted his neighbor's proposed order as its final order, based on the landowner's failure to support his claim that the findings of fact or conclusions of law were incorrect, said denial was upheld on appeal.

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Zapien-Chavez v. State, A07A0508., COURT OF APPEALS OF GEORGIA, SECOND DIVISION, May 9, 2007, Decided
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Overview: Because defendant's sufficiency challenge amounted to merely a request for the appeals court to reweigh the evidence and resolve conflicts in the testimony, which it did not do, such was rejected. Moreover, an ineffective assistance of counsel claim failed, as defendant failed to to identify any defense strategy that counsel failed to pursue.

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