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   State Courts - Georgia - May 17 - May 18, 2007

  
Ceasar v. Shelton Land Co., A07A0371., COURT OF APPEALS OF GEORGIA, FIRST DIVISION, May 17, 2007, Decided
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Overview: As an action for trespass, continuing trespass, intentional infliction of emotional distress, and declaratory judgment was timely filed, and jury questions remained as to the issues of abandonment and a family's standing to bring their suit against a developer who allegedly destroyed the family's cemetery, summary judgment was erroneously entered.

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Hardnett v. Silvey, A07A1044., COURT OF APPEALS OF GEORGIA, May 17, 2007, Decided
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Overview: While a contractor presented sufficient evidence that an unfortunate event occurred in which he slipped and fell on a premises owner's roof while repairing the same, because he failed to show how the owner's conduct in failing to keep the premises safe caused the fall, the owner was properly granted summary judgment as to the issue of liability.

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Kimble v. State, A07A0023., COURT OF APPEALS OF GEORGIA, May 17, 2007, Decided
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Overview: Given defendant's failure to properly raised an objection at trial regarding the admission of similar transaction evidence, and even if he had objected, the State sufficiently demonstrated the similarities between the separate crimes and the charged offense to support admission, no abuse of discretion resulted.

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Lilly v. State, A07A1066., COURT OF APPEALS OF GEORGIA, May 17, 2007, Decided
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Overview: Because sufficient evidence was supplied by the child victim and the witnesses with whom she discussed the incident to support convictions of both aggravated sexual battery and child molestation, despite any alleged inconsistencies, said convictions were upheld, as was the denial of defendant's motions for an acquittal and a new trial.

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Hubbard v. State, A07A0313, COURT OF APPEALS OF GEORGIA, May 18, 2007, Decided
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Overview: After conducting a hearing pursuant to Ga. Unif. Super. Ct. R. 31.3, a trial court properly admitted similar transaction evidence against defendant relating to four incidents wherein he either sold or possessed cocaine; therefore, defense counsel's failure to object to that evidence did not amount to ineffective assistance of counsel.

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Steed v. Wellington Healthcare Servs., LLC, A07A0243., COURT OF APPEALS OF GEORGIA, May 18, 2007, Decided
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Overview: In a personal injury suit, a trial court did not abuse its discretion by refusing to permit plaintiff to add a defendant because plaintiff had identified the additional party in its amended complaint four months before the expiration of the statute of limitations. O.C.G.A. § 9-11-15(c) was inapplicable since no mistake of identity was involved.

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