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   State Courts - Georgia - May 9 - May 10, 2006

  
In the Interest of M.S., A06A0068., COURT OF APPEALS OF GEORGIA, May 9, 2006, Decided
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Overview: Evidence was sufficient to support termination of a father's parental rights under O.C.G.A. § 15-11-94 because, despite years of intervention, father failed to manage his anger and control his substance abuse. Father abused his wife, abused and neglected children, and made little effort to support children or to attempt to meet goals of case plan.

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Kendrick v. State, A06A0260., COURT OF APPEALS OF GEORGIA, May 9, 2006, Decided
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Overview: Defendant's conviction of robbery by snatching, O.C.G.A. § 16-8-40(a)(3), was supported by sufficient evidence that, from a distance of about 10 feet, a store owner watched defendant pull a money bag from under a display on the counter and put it in his coat, and the owner immediately confronted defendant and demanded that he return the bag.

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Park v. Fortune Ptnr., Inc., A06A0567, A06A0568., COURT OF APPEALS OF GEORGIA, May 9, 2006, Decided
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Overview: Sellers seeking to enforce payment on promissory notes were asserting a legal and not an equitable remedy. The equitable doctrine of unclean hands had no application to an action at law. A trial court was not authorized to reduce the amounts shown to be due and payable on the notes on account of its finding of unclean hands.

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Postell v. State, A06A0779., COURT OF APPEALS OF GEORGIA, May 9, 2006, Decided
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Overview: Since officer made no show of force, and did not threaten, coerce, or restrain defendant, initial approach to defendant and questioning was level-one, non-coercive encounter, and officer did not need articulable suspicion to justify his conduct. Defendant's consent to search of his person was not tainted by the stop and met constitutional muster.

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Colp v. Ford Motor Co., A06A0816., COURT OF APPEALS OF GEORGIA, May 10, 2006, Decided
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Overview: In product liability case involving allegedly defective vehicle door design, trial court properly excluded evidence of 37 other incidents allegedly similar to crash at issue where 28 of the other incidents involved vehicles with different door design and there were significant differences with respect to causation in many of the other incidents.

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Pless v. State, A06A1295., COURT OF APPEALS OF GEORGIA, May 10, 2006, Decided
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Overview: Enough evidence supported defendant's convictions for letting dogs run loose and creating a public nuisance, and evidence of a prior "at large" incident was admissible. Police reports on his prior complaints were excluded, and counsel was not ineffective, but O.C.G.A. § 17-12-1 et seq. did not permit requiring him to pay appointed counsel's fees.

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Walker v. DOT, A06A0989., COURT OF APPEALS OF GEORGIA, May 10, 2006, Decided
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Overview: Under O.C.G.A. § 32-6-95(c), a transportation department's denial of the permits to erect outdoor advertising was affirmed by operation of law when no hearing was scheduled to be heard within 120 days of seeking judicial review, and the department properly found the land on which the advertising was to be erected had been impermissibly strip zoned.

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