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   State Courts - Georgia - May 15, 2006

  
Donaldson v. State, A06A0814., COURT OF APPEALS OF GEORGIA, May 15, 2006, Decided
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Overview: Since, in cross-examining a friend of defendant, defense counsel engaged in questioning about, inter alia, defendant's church attendance, and since only purpose of these questions was to elicit testimony about defendant's character, trial court properly allowed evidence of previous license suspensions and insurance cancellations as rebuttal.

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Estes v. State, A06A0495., COURT OF APPEALS OF GEORGIA, May 15, 2006, Decided
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Overview: In a child molestation case, defendant conceded the admissibility of a prior victim's mother's testimony, under Ga. Unif. Super. Ct. R. 31.3(B) by calling her. Counsel was not ineffective for not objecting to the State's responses to specific defense claims, nor for calling a witness, in the hope that the jury would find her testimony incredible.

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Hill v. State, A06A0755., COURT OF APPEALS OF GEORGIA, May 15, 2006, Decided
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Overview: Finding that defendant gave his custodial statements freely and voluntarily was not clearly erroneous. Fact that the officer failed to give a Miranda warning that specifically notified defendant that he was going to be questioned about an armed robbery, instead of just outstanding bad check charges, did not render the statement inadmissible.

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Jordan v. State, A06A0644., COURT OF APPEALS OF GEORGIA, May 15, 2006, Decided
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Overview: O.C.G.A. § 42-8-34.1(c) placed a two-year limitation on the period of confinement which may be ordered when probation was revoked because of a violation of a general provision of probation. Trial court's revocation order, which could possibly have been construed as ordering more than two years in confinement, was improper.

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McLain v. Mariner Health Care, Inc., A06A0923., COURT OF APPEALS OF GEORGIA, May 15, 2006, Decided
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Overview: Nursing home resident belonged to class Medicare and Medicaid statutes were designed to protect, and alleged injuries were among those which statutes and regulations were designed to prevent. Thus, dismissal of negligence per se and negligence causes of action against nursing home arising from the treatment of nursing home resident was error.

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