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| In the Interest of J.G.-S., A06A0812.,
COURT OF APPEALS OF GEORGIA, April 26, 2006, Decided
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Overview: Because a mother had failed in many of the goals in her reunification plan with her daughter, and had minimal contact with her, failed to provide her support, and failed to be employed and secure stable housing for the 32-month period that the child was in foster care, clear and convincing evidence supported terminating her parental rights.
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| Johnson v. State, A06A0035.,
COURT OF APPEALS OF GEORGIA, April 26, 2006, Decided
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Overview: Cocaine trafficking and driving with a suspended license convictions were upheld, based on defendant's admission and license-suspension notice, and on the 28 grams of cocaine, constructively possessed by defendant, and found in plain view. Further, trial counsel was not ineffective, and no prejudice resulted from the way he handled the trial.
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| Kelley v. State, A06A0065.,
COURT OF APPEALS OF GEORGIA, April 26, 2006, Decided
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Overview: Aggravated assault with a deadly weapon conviction was upheld, and defendant's amended motion for a new trial was properly denied because he was not entitled to a jury instruction on "mere presence" as such was not a recognized defense, and the charge covered all legal principles relevant to the determination of his guilt.
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| A.A. Prof'l Bail v. State of Ga., A06A0031.,
COURT OF APPEALS OF GEORGIA, April 27, 2006, Decided
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Overview: Since no trial was scheduled for more than a year after date bond was posted and where only "fault" that could have been attributed to defendant was filing conflict letter for the arraignment, this was insufficient to satisfy the "fault" requirement in O.C.G.A. § 17-6-31(e), and motion to set aside bond forfeiture should have been granted.
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| Branton v. State, A06A0648.,
COURT OF APPEALS OF GEORGIA, April 27, 2006, Decided
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Overview: Where defendant did not file his speedy trial demand until three terms following the term in which he was indicted, his demand was thus untimely pursuant to O.C.G.A. § 17-7-170(a). The trial court would have had authority to dismiss defendant's speedy trial demand even in the absence of a motion by the State, since the demand was untimely.
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| Diaz v. State, A06A0338.,
COURT OF APPEALS OF GEORGIA, April 27, 2006, Decided
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Overview: Where order vacating probated sentence for aggravated child molestation stated that it did not affect defendant's 20-year rape sentence imposed at the same time, defendant failed to show that the rape sentence was illegal or void, and thus defendant did not have the right to withdraw his guilty plea to rape before resentencing on that charge.
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| Glidewell v. State, A06A0227.,
COURT OF APPEALS OF GEORGIA, April 27, 2006, Decided
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Overview: Voluntary manslaughter conviction, as a lesser included offense of malice murder, was upheld as supported by the evidence, expert testimony, and proper venue, which also supported denial of a motion for a new trial. Further, defendant's numerous claims as to how his trial counsel handled his defense lacked merit.
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| Nguyen v. State, A06A0235.,
COURT OF APPEALS OF GEORGIA, April 27, 2006, Decided
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Overview: There was no error in the failure to specifically instruct the jury on venue where the jury heard evidence that charged rape occurred in Chatham County, indictment specified that rape occurred in Chatham County, and trial court charged the jury that the State had the burden to prove every allegation of indictment beyond a reasonable doubt.
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| Wilson v. State, A06A0935.,
COURT OF APPEALS OF GEORGIA, April 27, 2006, Decided
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Overview: Sufficient evidence negated defense of accident, O.C.G.A. § 16-2-2, where victim who was shot by defendant while hunting waved to signal defendant before the gun was fired, where defendant was hunting on medicine that could have caused mental and physical impairment, and where defendant's actions after shooting were inconsistent with accident.
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