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   State Courts - Georgia - May 12, 2006

  
Attaway v. State, A06A0670., COURT OF APPEALS OF GEORGIA, May 12, 2006, Decided
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Overview: Given expert's training and experience, her qualification was proper in a child molestation case. Trial court properly allowed testimony regarding so-called "good touch/bad touch" presentations to children. Prior conviction was properly admitted as a similar transaction, since, inter alia, both victims were young girls whom defendant knew.

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Bennett v. State, A06A0378., COURT OF APPEALS OF GEORGIA, May 12, 2006, Decided
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Overview: While a "level of certainty" jury instruction was improper, since there was substantial evidence other than eyewitness identification linking defendant to the crime, the instruction was harmless. Since defense counsel did not object to instructing the jury before closing arguments, no error under O.C.G.A. § 5-5-24(b) was preserved for appeal.

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Callahan v. Cox, A06A0348., COURT OF APPEALS OF GEORGIA, May 12, 2006, Decided
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Overview: A trial court erred in granting summary judgment to note debtors in an action by an estate executrix, alleging that the debtors had defaulted on a promissory note to the decedent; an issue of fact existed as to whether the decedent's acceptance of late payments waived the time requirements for purposes of enforceability of a cancellation clause.

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Dallas v. Flying J, Inc., A06A0316., COURT OF APPEALS OF GEORGIA, May 12, 2006, Decided
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Overview: Where an employee was ordered to make an appointment for continuing medical treatment, but there were no appointments scheduled at the clinic, as it was based on walk-ins, the employee failed to cooperate where he only called the clinic but did not subsequently walk in and seek treatment, pursuant to O.C.G.A. § 34-9-200(c).

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Field v. Mednikow, A06A0492., COURT OF APPEALS OF GEORGIA, May 12, 2006, Decided
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Overview: Where a deed did not contain a property description, as required by O.C.G.A. § 44-5-30, and a third page which was attached was not referenced in the body of the deed, nor did it indicate that it was intended to be an attachment or appendix to the deed, the formalities were not satisfied and the deed was properly set aside.

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Graham v. McKesson Info. Solutions, LLC, A06A0333, A06A0334., COURT OF APPEALS OF GEORGIA, May 12, 2006, Decided
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Overview: O.C.G.A. § 48-7-82(e) did not give a taxpayer who missed the three-year limitation period for filing amended state returns a second opportunity to file an amendment. The taxpayer was not authorized by O.C.G.A. § 48-7-82(e) to submit an amended state tax return, and the taxpayer's untimely request for a refund was properly denied.

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In the Interest of C.S., A06A0309, A06A0310., COURT OF APPEALS OF GEORGIA, May 12, 2006, Decided
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Overview: Parental rights of mother and father were properly terminated under O.C.G.A. § 15-11-94. Evidence was sufficient to show that children's deprivation was likely to continue since mother failed to complete her case plan and since father had history of domestic violence and had failed to receive domestic violence counseling required by the case plan.

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In the Interest of D.J., A06A0287, A06A0288., COURT OF APPEALS OF GEORGIA, May 12, 2006, Decided
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Overview: Termination of a mother's parental rights over two children was proper pursuant to O.C.G.A. § 15-11-94(b)(4), as there was clear and convincing evidence that the mother had not provided support or adequate care for the children, did not have a parental bond, had a history of drug use, and that termination was in the children's best interests.

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In the Interest of K.B.T., A06A0224., COURT OF APPEALS OF GEORGIA, May 12, 2006, Decided
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Overview: Evidence was sufficient to authorize a trial court to find defendant delinquent for being a party to a homicide, pursuant to O.C.G.A. § 16-2-20(b)(3). Defendant's intent could be inferred from fact that he stood and watched while his friend beat victim and defecated on him. While defendant was aware of victim's condition, he did not call for help.

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In the Interest of T.A., A06A0482., COURT OF APPEALS OF GEORGIA, May 12, 2006, Decided
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Overview: Mother's parental rights to son were properly terminated under O.C.G.A. § 15-11-94 where she had been diagnosed with mental condition that prevented her from caring adequately for son and she failed to take prescribed medication for mental illness. Evidence supported finding that deprivation of son was likely to continue and that it would harm son.

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