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   State Courts - Georgia - May 8, 2006

  
Phillips v. State, A06A0376., COURT OF APPEALS OF GEORGIA, May 8, 2006, Decided
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Overview: After receiving a report describing defendant's truck as involved in a property damage incident, police had right to approach defendant's house to investigate. Police were also authorized to walk to back of house where they saw pickup fitting description in plain view in an open shelter. Thus, no warrant was needed to take photos of truck.

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Smith v. State, S06A0094., SUPREME COURT OF GEORGIA, May 8, 2006, Decided
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Overview: Defendant's felony murder conviction did not require proof of a criminal intent to murder, and an aggravated assault conviction required no proof of an intent to injure. Pre-autopsy photos of the victim, showing the extent of the victim's wounds, were admissible, and the jury was not erroneously told that involuntary manslaughter was a misdemeanor.

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State v. Arnold, S05G1871., SUPREME COURT OF GEORGIA, May 8, 2006, Decided
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Overview: A foreman's array of disruptive behavior provided sound legal basis for his removal pursuant to O.C.G.A. § 15-12-172. Foreman criticized the impartiality of the trial court, told the other jurors to "go to hell," and actively humiliated his fellow jurors through use of vindictive personal attacks wholly unrelated to issues being considered by jury.

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State v. Dukes, A06A0551., COURT OF APPEALS OF GEORGIA, May 8, 2006, Decided
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Overview: Defendant's motion to suppress suspected cocaine was properly granted, as police officers lacked probable cause to arrest him for obstruction of justice upon his act of fleeing from the scene, as an initial uncoercive encounter with the police did not constitute a seizure, and as a result, defendant was free at any time.

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Williams v. State, S06A0258., SUPREME COURT OF GEORGIA, May 8, 2006, Decided
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Overview: As sufficient corroborating evidence, independent of that provided by accomplice witnesses, was presented, a note from the first defendant to his accomplice was properly authenticated, and the second defendant's due process rights were not violated by the trial court's failure to grant a severance, convictions against both defendants were upheld.

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Wilson v. Windsor, S06A0105., SUPREME COURT OF GEORGIA, May 8, 2006, Decided
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Overview: Defendant convicted of misdemeanor habitual violator, driving under the influence, possession of marijuana, and operating a vehicle without proof of insurance did not meet criteria for confinement in probation detention center under O.C.G.A. § 42-8-35.4, and so his confinement in such a facility on revocation of probation was unauthorized.

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