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| Borders v. State, A07A0176,
COURT OF APPEALS OF GEORGIA, May 10, 2007, Decided
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Overview: When defendant planned to murder a child so that she could not testify about sexual offenses, it was not error to refuse to sever the sexual charges from a solicitation to commit murder charge. Joinder was based upon a connected series of acts, and there was no indication that the jury was unable to apply the law intelligently as to each offense.
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| Fields v. State, A07A0233.,
COURT OF APPEALS OF GEORGIA, May 10, 2007, Decided
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Overview: When the unarmed victim advanced on defendant, who had a baseball bat, and defendant swung twice at the victim, then hit him on the head with the bat after the victim lost his balance, the jury at defendant's aggravated assault trial was entitled to conclude that he was not justified in using force greater than that necessary to defend himself.
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| Harris v. Inn of Lake City, A07A0952.,
COURT OF APPEALS OF GEORGIA, May 10, 2007, Decided
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Overview: A resort was not liable to two injured guests in a premises liability action, under O.C.G.A. § 51-3-1, and was granted summary judgment, since the stairs from which the guests fell leading to a beach were not owned by the resort, and the guests failed to show that the steps were part of the approach to the resort or maintained by the resort.
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| Jones v. State, A07A0789.,
COURT OF APPEALS OF GEORGIA, FOURTH DIVISION, May 10, 2007, Decided
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Overview: The State did not deny a DUI defendant due process under the Fifth and Fourteenth Amendments by knowingly using false testimony when an officer's pretrial statements were inconsistent with his trial testimony. The inconsistencies, about which both parties had a full opportunity to examine the officer, went to the credibility of his testimony.
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| Nealey v. State, A07A0093,
COURT OF APPEALS OF GEORGIA, May 10, 2007, Decided
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Overview: At sentencing, the trial court did not violate O.C.G.A. § 16-1-7 by not merging two counts of aggravated battery and one count of making terroristic threats. The battery counts involved injuries to different body parts, and the terroristic threat offense involved a threat to commit violence, which was not an element of aggravated battery.
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| Oni v. State, A07A0187,
COURT OF APPEALS OF GEORGIA, May 10, 2007, Decided
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Overview: Trial court properly rejected defendant's constitutional speedy trial claim. Although the delay was presumptively prejudicial and was apparently caused by failure to schedule the case or by an overcrowded docket, defendant had not asserted his constitutional right until 18 months after remittitur and had not shown that witnesses were unavailable.
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| Oni v. State, A07A0187.,
COURT OF APPEALS OF GEORGIA, SECOND DIVISION, May 10, 2007, Decided
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Overview: The court did not err in refusing to find a constitutional speedy trial right violation. Although the 18-month delay between a remittitur and defendant's motion for discharge and acquittal was presumptively prejudicial, the delay in raising the claim weighed against defendant, and defendant had not shown that the delay had prejudiced his defense.
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| Postnieks v. Chick-fil-A, Inc., A07A0270.,
COURT OF APPEALS OF GEORGIA, May 10, 2007, Decided
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Overview: Although there was no irrevocable license under O.C.G.A. § 44-9-4 to use a curb cut because there had never been an express oral license, the curb cut had been dedicated to public use under O.C.G.A. § 44-5-230. Trustees had given express oral permission for the cut; they understood that it would be for public use; and the public had accepted it.
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| State v. Stelzenmuller, A07A0767.,
COURT OF APPEALS OF GEORGIA, FOURTH DIVISION, May 10, 2007, Decided
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Overview: Because the state failed in its burden of showing that the implied consent warning was read after defendant's arrest, the officer's testimony lacked credibility, and no other evidence showed that the warning was given after arrest, the trial court properly granted defendant's motion to suppress evidence of her refusal to submit to a breath test.
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