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| Conley v. Children's Healthcare of Atlanta, Inc., A06A0615.,
COURT OF APPEALS OF GEORGIA, May 16, 2006, Decided
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Overview: Two doctors and a hospital were properly granted summary judgment in a medical malpractice action filed against them, as plaintiff parents failed to provide the medical records on which their expert relied on in forming her judgment that the defendants were negligent, despite having filed her affidavit in support of the parents' complaint.
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| Connell v. State, A06A0210.,
COURT OF APPEALS OF GEORGIA, May 16, 2006, Decided
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Overview: Defendant was not in custody simply from being pulled over and temporarily detained. Since defendant was not in custody at the time that the officer pulled him over, there was no need for the officer to give him a Miranda warning prior to asking him about drugs found in his car, and defendant's motion to suppress was properly denied.
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| Curtis v. Klimowicz, A06A0899.,
COURT OF APPEALS OF GEORGIA, May 16, 2006, Decided
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Overview: Trial court did not err in prohibiting a child from leaving the United States, despite the father's military deployment, as said order did not purport to place exclusive jurisdiction in the trial court and attempted to continue the child's relationship with her mother. Further, the father retained the right to move for modification.
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| Ekanger v. State, A06A0746.,
COURT OF APPEALS OF GEORGIA, May 16, 2006, Decided
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Overview: Defendant was not entitled to a mistrial after the State improperly commented on his right to remain silent, as the error was harmless, given the overwhelming evidence of his guilt, eyewitness testimony and videotaped evidence of the crime, and the prosecutor's compliance with an instruction to not make any further comment on defendant's silence.
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| Folds v. Barber, A06A0062.,
COURT OF APPEALS OF GEORGIA, May 16, 2006, Decided
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Overview: Evidence supported finding that former girlfriend was in contempt of prior order. Despite the order's clear instruction that former girlfriend allow a home appraisal and provide former boyfriend with certain personal items, she prevented the appraisal and failed to provide former boyfriend with the personal items for 18 months after order.
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| In the Interest of E.R., A06A0774.,
COURT OF APPEALS OF GEORGIA, May 16, 2006, Decided
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Overview: Delinquency finding for acts constituting party to crimes, O.C.G.A. § 16-2-20(a), was supported by sufficient evidence showing that appellant was one of a group of youths who punched, kicked, and struck one victim with a shotgun, and participated in the attack. Appellant knocked another victim to the ground and hit her during the fracas.
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| Kennedy v. State, A06A0319.,
COURT OF APPEALS OF GEORGIA, May 16, 2006, Decided
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Overview: Aggravated stalking conviction was upheld, and a new trial was properly denied, as sufficient evidence of defendant's contact with the victim, in violation of a protective order, and his acts of harassment and intimidation supported the same. Further, his failure to object to the admission of similar transaction evidence waived the issue on appeal.
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| McClendon v. Kroger Co., A06A0425.,
COURT OF APPEALS OF GEORGIA, May 16, 2006, Decided
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Overview: Since service was never perfected in plaintiff's original false imprisonment and false arrest suit, that suit was void, and thus the renewal provisions of O.C.G.A. § 9-2-61(a) did not protect the second suit from the bar of the statute of limitation since the second suit was not a renewal suit.
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| Montgomery v. State, A06A0627.,
COURT OF APPEALS OF GEORGIA, May 16, 2006, Decided
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Overview: Pat-down of defendant for safety was proper since defendant was identified as having been in possession of carjacked vehicle, and documents were properly seized from defendant. Defendant's later statement was not rendered inadmissible by proper pat-down. Pat-down was not "custody," so defendant was not in custody when he made his statement.
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| Right Stuff Food Stores, Inc. v. Gilchrist, A06A1454.,
COURT OF APPEALS OF GEORGIA, May 16, 2006, Decided
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Overview: Where customer seeking damages from fall caused when she tripped over a hose at a gas station admitted to having actual knowledge of hazard at issue, the hose, the gas station did not have superior knowledge of the hazard, and the customer was unable to establish this element of her claim under O.C.G.A. § 51-3-1. Summary judgment was required.
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