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| Cole v. State, A06A0505.,
COURT OF APPEALS OF GEORGIA, May 5, 2006, Decided
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Overview: Defendant committed rape by not objecting to another's acts, under O.C.G.A. § 16-2-20, and his own acts, probable cause to search his car was shown, telling a jury not to deliberate until receiving an indictment and other evidence was not reversible error, a victim's statements were res gestae, and her marijuana use was not erroneously excluded.
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| In the Interest of C.J., A06A0196.,
COURT OF APPEALS OF GEORGIA, May 5, 2006, Decided
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Overview: Since there was proof that, inter alia, mother failed to provide department with information of her whereabouts, failed to achieve financial stability, and physically, financially, and emotionally neglected the child, there was sufficient evidence that lack of proper parental care caused the child's deprivation, and termination order was proper.
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| In the Interest of S.W.J.P.D., A06A0607.,
COURT OF APPEALS OF GEORGIA, May 5, 2006, Decided
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Overview: Evidence of, inter alia, mother's obsessive-compulsive disorder and depression, evidence that these disorders interfered with her ability to provide for her children, along with mother's sporadic attendance at therapy, and failure to consistently take medication sufficiently supported termination of her parental rights under O.C.G.A. § 15-11-94.
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| Machuca v. State, A06A0747.,
COURT OF APPEALS OF GEORGIA, May 5, 2006, Decided
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Overview: In a rape case, under O.C.G.A. § 16-6-1(a)(1), overwhelming evidence showed the victim's vaginal tears did not result from consensual sex, and the jury could weigh any inconsistencies in the victim's testimony. Counsel's failure to object to the prosecutor's use of the word "rape" was not constructive or actual ineffective assistance of counsel.
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| Pep Boys-Manny, Moe & Jack, Inc. v. Yahyapour, A06A0172.,
COURT OF APPEALS OF GEORGIA, May 5, 2006, Decided
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Overview: Motorist's testimony identifying driver as working for owner of vehicle involved in collision was sufficient to corroborate driver's declaration at accident scene that he worked for owner, and to render the statement admissible. Owner failed to rebut presumption that driver was acting in scope of his employment when he collided with motorist.
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| Ponce v. State, A04A1856.,
COURT OF APPEALS OF GEORGIA, May 5, 2006, Decided
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Overview: Appellate court was unable to take judicial notice of Public Service Commission's rules, as those rules had not become effective under Georgia APA, O.C.G.A. § 50-13-1 et seq., and were not part of record. State was unable to alert appellate court to rule or regulation which served as constitutionally adequate substitute for a warrant.
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| Smith v. State, A06A0180.,
COURT OF APPEALS OF GEORGIA, May 5, 2006, Decided
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Overview: Evidence that defendant returned to the scene looking for the victim in order to shoot him, was sufficient to sustain two aggravated assault convictions. But, resentencing was ordered, as the charges merged. Further, photographic evidence of the victim's injuries and of defendant's firearm were not cumulative, and admitted for different purposes.
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