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   State Courts - Georgia - May 25, 2007

  
Burdett v. State, A07A0721., COURT OF APPEALS OF GEORGIA, May 25, 2007, Decided
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Overview: Defendant's failure to serve the trial judge with his demand for a speedy trial, in accordance with O.C.G.A. § 17-7-171, rendered the demand invalid. Therefore, the trial court properly denied defendant's motion for discharge and acquittal by concluding that defendant had either withdrawn of waived his speedy trial demand.

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Casanova v. State, A07A0298., COURT OF APPEALS OF GEORGIA, May 25, 2007, Decided
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Overview: Sufficient corroboration existed to support a defendants conviction for trafficking in methamphetamine, in violation of O.C.G.A. § 16-13-31, where a police informant testified that defendant was involved in the deal and the State also offered testimony that a person would not simply tag along to a drug transaction involving over 400 grams.

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Dockens v. Runkle Consulting, Inc., A07A0360., COURT OF APPEALS OF GEORGIA, May 25, 2007, Decided
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Overview: In a negligence suit against an engineer, the engineer was properly granted summary judgment as to plaintiffs fraud claim since the complaint failed to allege any specific facts to support a finding that the engineer intentionally made false statements about the condition of a retaining wall on plaintiffs property and other required averments.

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Drammeh v. State, A07A0083, COURT OF APPEALS OF GEORGIA, May 25, 2007, Decided
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Overview: There existed sufficient evidence to support defendant's conviction for trafficking in marijuana, in violation of O.C.G.A. § 16-13-31(c), since the evidence established that defendant took a substantial step toward possessing the marijuana by entering a Ford Explorer used in a police sting operation.

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Edmondson v. State, A07A0032, COURT OF APPEALS OF GEORGIA, May 25, 2007, Decided
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Overview: Because each of defendant's defective equipment convictions involved the proof of different facts, no error resulted in failing to merge them for sentencing purposes. Further, because defendant had yet to begin to serve his sentence, an subsequent increase in the same on one of the defective equipment charges was not erroneous.

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Garza v. State, A07A0434, COURT OF APPEALS OF GEORGIA, May 25, 2007, Decided
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Overview: The fact that two small children were asleep while their mother was falsely imprisoned did not mean that they were not falsely imprisoned. Furthermore, the trial court did not err in refusing to answer whether a sleeping person could be falsely imprisoned; the jury could determine that if the mother was not free to leave, neither were the children.

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In the Interest of A.S., A07A0527., COURT OF APPEALS OF GEORGIA, May 25, 2007, Decided
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Overview: An order finding a mother's two children deprived, pursuant to O.C.G.A. § 15-11-2(8), was upheld on appeal where evidence established that the mother failed to protect her 12-year-old daughter from being impregnated by a 38-year-old man the mother entrusted the child with and her son's medical condition was poor as was his educational status.

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In the Interest of R.B., A07A0345. A07A0346., COURT OF APPEALS OF GEORGIA, May 25, 2007, Decided
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Overview: Because a mother and a father failed to satisfy specific and pertinent goals in their respective case plans, and an extension of an order of temporary custody was necessary to accomplish the purpose of placing their children in a safe environment, despite the progress made by both parents, a one-year extension was supported by sufficient evidence.

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MCG Health, Inc. v. Barton, A07A1060. A07A1061., COURT OF APPEALS OF GEORGIA, May 25, 2007, Decided
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Overview: A trial court properly denied summary judgment to a hospital and a board in a medical malpractice action because genuine issues of fact existed for a jury to resolve as to whether or not the actions and inactions of the hospital employees were distinct and unrelated to the actions of the board's physicians in delaying plaintiff's admission.

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Medvar v. State, A07A0374., COURT OF APPEALS OF GEORGIA, May 25, 2007, Decided
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Overview: A deputy had a reasonable suspicion to warrant defendant's continued detention after a warning citation was issued pursuant to a traffic stop. The deputy testified that both defendant and his brother were extremely nervous, especially the brother as he reached into the glove compartment, and the two gave conflicting stories as to their destination.

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