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| Campbell v. State, A06A0092.,
COURT OF APPEALS OF GEORGIA, April 28, 2006, Decided
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Overview: As defendant failed to collaterally attack three prior felony convictions, and a subsequent conviction of possession of a firearm by a felon as a result of one or more of those felonies, they remained felonies that could be used to impose a recidivist punishment for the commission of a fifth felony. Thus, his O.C.G.A. § 17-10-7 sentence was upheld.
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| Chaparro v. State, A06A0580.,
COURT OF APPEALS OF GEORGIA, April 28, 2006, Decided
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Overview: Trial court did not err in denying motion to disqualify juror where, on general questioning, the juror indicated that he viewed himself as able to be fair and impartial, and where the juror repeatedly stated that he could set aside any preconceived notions and decide the case based on the evidence presented in court and the law as charged.
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| Jones v. State, A06A0060.,
COURT OF APPEALS OF GEORGIA, April 28, 2006, Decided
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Overview: While portions of the justification charge were given in the context of homicide, justification was otherwise charged generally. The charge also specified acts constituting the assault for which defendant was convicted and informed jury that the State was required to prove every material allegation. Thus, the justification charge was proper.
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| Rudd v. Paden, A06A0325.,
COURT OF APPEALS OF GEORGIA, April 28, 2006, Decided
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Overview: A dentist's motion for summary judgment should have been granted in a dental malpractice action where the patient's expert affidavit in opposition. pursuant to O.C.G.A. § 9-11-9.1. was not based on personal knowledge of the facts of the case and the expert's opinions were based on dental records that were not certified or sworn.
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| Wilson v. State, A06A0637.,
COURT OF APPEALS OF GEORGIA, April 28, 2006, Decided
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Overview: Since victim was semiconscious during alleged child molestation due to drug and alcohol use, she was unavailable under O.C.G.A. § 24-4-48 for purposes of authenticating videotape found at scene. Admission of tape was proper where, inter alia, defendant did not dispute its accuracy in statement to police, and victim identified herself on tape.
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| Adams v. Hebert, A06A0819.,
COURT OF APPEALS OF GEORGIA, May 2, 2006, Decided
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Overview: Appeal was properly dismissed for failure to timely file a transcript since 150 day delay in filing transcript was unreasonable under O.C.G.A. § 5-6-48, in that it resulted in delay of consideration of appeal for another term. Delay was inexcusable since record indicated that attorney had transcript in his possession when he filed notice of appeal.
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| Jenkins v. Georgia Dep't of Corr., A06A0863.,
COURT OF APPEALS OF GEORGIA, May 2, 2006, Decided
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Overview: Pursuant to O.C.G.A. § 34-7-1, employment in Georgia was generally considered to be at will. Trial court properly dismissed employee's breach of contract suit based on employment termination. Since alleged promise of lifetime employment was unenforceable, claim of fraud could not have been predicated on that alleged promise.
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| Johnson v. State, A06A0304.,
COURT OF APPEALS OF GEORGIA, May 2, 2006, Decided
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Overview: Victim's testimony at trial sufficiently identified defendant as assailant who fired shots at him. Victim testified that he knew defendant from previous encounter and that, although it was dark, he was able to see defendant's face during incident because area was illuminated by streetlight. Defendant positively identified defendant in photo lineup.
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| Seamon v. Seamon, A06A0137.,
COURT OF APPEALS OF GEORGIA, May 2, 2006, Decided
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Overview: Resident's argument that trial court erred in dissolving a TRO since original TRO was incorrect was belied by the order. Resident failed to provide any reason for appellate court to second-guess the order, and failed to provide transcript of hearing at which he claimed that the trial court admitted that TRO was incorrect.
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| Wright v. State, A06A0706.,
COURT OF APPEALS OF GEORGIA, May 2, 2006, Decided
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Overview: Defendant's asking whether he would have been arrested if he asked for an attorney was not a clear request for counsel that required cessation of police questioning or clarification before continuing interrogation. There was no evidence that the statement was given in fear of injury or for hope of benefit in violation of O.C.G.A. § 24-3-50.
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