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| Ahn v. State, A06A1158.,
COURT OF APPEALS OF GEORGIA, May 3, 2006, Decided
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Overview: In light of the extensive jury instructions that emphasized the requirement for finding that defendant knew of the prostitution activities at her business before the jury could convict her of keeping a place of prostitution, there was no error in giving the O.C.G.A. § 16-2-1 charge on the definition of a crime that referenced criminal negligence.
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| Bowden v. State, A06A1077.,
COURT OF APPEALS OF GEORGIA, May 3, 2006, Decided
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Overview: Since evidence from car was not used to prove charges against defendant, defendant showed no harm from the denial of his motion to suppress that evidence. Moreover, the motion to suppress was properly denied. The circumstances justified a detention of the co-defendant, and a dog alert to the car justified a search of it.
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| Brown v. Tift Health Care, Inc., A06A0865.,
COURT OF APPEALS OF GEORGIA, May 3, 2006, Decided
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Overview: Since no affidavit was filed pursuant to O.C.G.A. § 9-11-9.1, an administrator was allowed to maintain claims only with regard to actions or omissions in executing nonprofessional work duties relating to a decedent's fall at nursing facility, and was not allowed to maintain claims based on medical questions concerning specialized expert knowledge.
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| Daly v. Mueller, A06A1013.,
COURT OF APPEALS OF GEORGIA, May 3, 2006, Decided
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Overview: Daughter's complaint seeking to rescind a release of claims against an estate was properly dismissed where the daughter admitted in her complaint that she failed to tender the funds paid to her as consideration for the release. It was disputed whether the daughter would have received anything for her claim, and tender was not impossible.
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| Chapman v. State, A06A0934.,
COURT OF APPEALS OF GEORGIA, May 4, 2006, Decided
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Overview: Officers' initial approach to car occupied by defendant was first-tier encounter which did not invoke Fourth Amendment. After that approach, an officer saw, in plain view in the car, items used for drug sales, authorizing a pat-down of defendant, which uncovered drug pipe, and validating the driver's consent to search the car, which yielded drugs.
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| Leonard v. State, A06A0039.,
COURT OF APPEALS OF GEORGIA, May 4, 2006, Decided
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Overview: While, at trial, an assault victim disavowed her initial, pre-trial statement to police and medical personnel that defendant hit her with a pipe, the jury was authorized to believe her pre-trial statement rather than her in-court disavowal, and sufficient evidence supported the conviction of aggravated assault, O.C.G.A. § 16-5-21(a)(2).
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| Waycross Urology Clinic, P.C. v. Johnson, A06A0438.,
COURT OF APPEALS OF GEORGIA, May 4, 2006, Decided
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Overview: Absent fraud, O.C.G.A. § 9-3-71 (2006) imposed absolute limit on time in which case may have been filed. Where nothing showed that doctor ever knew that his treatment or advice was in error, nor was there evidence that he fraudulently withheld such information from the patient, case filed 12 years after alleged malpractice was time-barred.
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