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   State Courts - Georgia - May 21 - May 22, 2007

  
Davis v. State, A07A0006., COURT OF APPEALS OF GEORGIA, May 21, 2007, Decided
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Overview: There was sufficient evidence to support convictions of possession of marijuana with intent to distribute and possession of a handgun during commission of a crime. After defendant saw an undercover officer's purchase money and showed him a sample of marijuana, police found marijuana in the van indicated by defendant and a gun in defendant's car.

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Head v. State, A07A0670., COURT OF APPEALS OF GEORGIA, May 21, 2007, Decided
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Overview: Given: (1) the testimony from both child victims and their father; (2) a taped apology offered by defendant to the father; (3) a charge allowing the jury to enter a compromise verdict, which defendant agreed to; and (4) trial counsel's effectiveness at presenting a defense, defendant's two child molestation convictions were upheld on appeal.

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In the Interest of J.T., A07A0160, COURT OF APPEALS OF GEORGIA, May 21, 2007, Decided
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Overview: Because it was undisputed that the victim failed to state any facts upon which she based her opinion regarding the value of the damage to her property, an adjudication for the offense of second-degree criminal damage to property could not stand. But, because the juvenile could be adjudicated for criminal trespass, remand was ordered.

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Starling v. State, A07A1100., COURT OF APPEALS OF GEORGIA, May 21, 2007, Decided
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Overview: Because trial counsel was ineffective in failing to: stipulate to defendant's felon status, object to questions posed to defendant about his criminal history, and obtain a jury charge relative to said criminal history, an aggravated assault conviction was reversed. But, based on his admission, his possession of a firearm conviction was upheld.

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Vyas v. State, A07A0340., COURT OF APPEALS OF GEORGIA, May 21, 2007, Decided
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Overview: The trial court properly found that defendant's right to a speedy trial had not been violated. Defendant was partly responsible for the delays; defendant had not argued that the delays would impair his trial or affect the availability of witnesses or evidence; and there was no evidence of any deliberate delay by the State intended to prejudice him.

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Giang v. State, A07A0992., COURT OF APPEALS OF GEORGIA, May 22, 2007, Decided
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Overview: Because a probationer waived error regarding field tests done on the suspected methamphetamine found in her residence, a tin containing methamphetamine residue in her dresser drawer provided more than a mere spatial proximity to the contraband, and an arrest warrant was valid, revocation of her probation was upheld on appeal.

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McConnell v. Wright, A06A0511., COURT OF APPEALS OF GEORGIA, May 22, 2007, Decided
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Orff v. Stonewood Rest. Group, LLC, A07A0650., COURT OF APPEALS OF GEORGIA, May 22, 2007, Decided
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Overview: A restaurant patron fell on the same step she used to reach her booth; having looked down entering the restaurant to step up, she should have known she would have to step down upon exiting the dining area. Accordingly, she had equal knowledge of the specific hazard, and summary judgment in the restaurant's favor was proper.

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Ricketts v. Advanced Dental Care, LLC, A07A0085, COURT OF APPEALS OF GEORGIA, May 22, 2007, Decided
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Overview: In a suit by a patient who swallowed dental impression material, it was error to grant summary judgment for the dental office. The patient's circumstantial evidence, opposed to the office's direct evidence, created a jury question as to whether the material that caused the patient's bowel obstruction was that which he ingested in the dental office.

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Schramm v. State, A07A0522, COURT OF APPEALS OF GEORGIA, May 22, 2007, Decided
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Overview: Because sufficient evidence existed to support a seat belt violation as the basis for a stop of defendant's vehicle, suppression of the evidence seized thereafter was properly denied. Further, defendant failed to secure an order compelling a witness to appear after being allowed a continuance to do so.

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