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| Bryant v. State, A07A0362.,
COURT OF APPEALS OF GEORGIA, May 23, 2007, Decided
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Overview: Because sufficient identification and circumstantial evidence linked defendant to a burglary, and, in response to counsel's objection to the state's comment that defendant was under the influence of drugs or alcohol at the time of the offense, defendant did not object to the curative instruction given, a new trial was unwarranted.
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| Cross v. State, A07A0896.,
COURT OF APPEALS OF GEORGIA, May 23, 2007, Decided
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Overview: Because defendant failed to show that his trial counsel was ineffective in his defense of an aggravated assault charge, given that counsel was not required to submit cumulative or irrelevant evidence, present an unsupported defense, and properly advised defendant not to testify and argued for mitigation, a new trial was properly denied.
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| Dorsey v. State, A07A0364.,
COURT OF APPEALS OF GEORGIA, May 23, 2007, Decided
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Overview: Because defendant's pre- and post-Miranda statements were properly admitted, and the numerous voluntary and unsolicited remarks were not made as a result of an interrogation, such were properly admitted. Further, no error resulted from allowing the prosecution a brief extension to sum up closing argument, even absent a pre-argument request.
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| Hill v. State, A07A0157,
COURT OF APPEALS OF GEORGIA, May 23, 2007, Decided
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Overview: While the evidence supported defendant's vehicular homicide and related convictions, curative instructions averted the need for a mistrial, and counsel was not ineffective. But, because the misdemeanor sentence merged with the reckless vehicular homicide counts, said sentence was vacated, and a resentencing was ordered.
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| LaFette v. State, A07A0732.,
COURT OF APPEALS OF GEORGIA, May 23, 2007, Decided
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Overview: Because the record showed that before the trial court accepted defendant's guilty plea, the State clearly advised defendant of the maximum possible sentence and advised that its recommendations were not binding, and defendant indicated that he understood, proper procedure was followed in accepting defendant's guilty plea for voluntary manslaughter.
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| Lott v. Ridley, A07A0488,
COURT OF APPEALS OF GEORGIA, May 23, 2007, Decided
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Overview: A bare recitation of a doctor's unedited records was not a medical narrative in story form, as contemplated by O.C.G.A. § 24-3-18(a), therefore, a trial court committed reversible error in a personal injury suit by allowing plaintiffs' counsel to merely read into the record the doctor's notes, thus, defendant was entitled to a new trial.
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| Whitaker v. State, A07A0327,
COURT OF APPEALS OF GEORGIA, May 23, 2007, Decided
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Overview: Because the evidence seized as a result of a valid traffic stop of defendant supported his conviction of possessing methamphetamine with the intent to distribute, and based on the testimony of his trial counsel, he knowingly, voluntarily, and intelligently waived his right to a trial by jury, a new trial was properly denied.
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