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| Barthell v. State, A07A0790.,
COURT OF APPEALS OF GEORGIA, May 30, 2007, Decided
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Overview: Because the trial court lacked jurisdiction to vacate a sentence three or four terms after the term in which the sentence was imposed, and there was no claim that the sentence imposed was void, an order denying defendant's motion to vacate was vacated, and the matter was remanded with instructions for the trial court to dismiss said motion.
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| Baskette v. Atlanta Ctr. for Reprod. Med., LLC, A07A0221.,
COURT OF APPEALS OF GEORGIA, May 30, 2007, Decided
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Overview: A suit based on an infertility clinic's failure to preserve sperm was time-barred under O.C.G.A. § 9-3-71(a). The limitations period began running on the date all of the sperm was used, not on the date of discovery, and because the claim involved a decision as to which fertilization method to use, it was for professional, not ordinary, negligence.
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| Daly v. State, A07A0548.,
COURT OF APPEALS OF GEORGIA, May 30, 2007, Decided
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Overview: Defendant's convictions were upheld on appeal, and a new trial was unwarranted, as a constitutional challenge to O.C.G.A. § 16-12-100(d) was barred, he failed to support a claim of error regarding his decision not to testify, a challenge to the jury composition was waived and lacked merit, and counsel was not ineffective in handling the defense.
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| Delta Cleaner Supply Co. v. Mendel Drive Assocs., A07A0761.,
COURT OF APPEALS OF GEORGIA, FOURTH DIVISION, May 30, 2007, Decided
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Overview: As a tenant failed to prove its constructive eviction defense, the landlord was properly granted summary judgment on its claim for rent and late fees. But, genuine fact issues remained as to the tenant's diminution of rent counterclaim and as to whether the landlord waived a requirement that the tenant install a submeter.
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| Flanders v. State, A07A0523,
COURT OF APPEALS OF GEORGIA, May 30, 2007, Decided
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Overview: The victim's testimony that defendant, her cousin, engaged in an act of oral sodomy with her was sufficient to support defendant's conviction of aggravated child molestation under O.C.G.A. § 16-6-4. It was not necessary that the victim's testimony be corroborated, and her credibility was a matter for the jury.
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| Hankerson v. Hammett, A07A0553.,
COURT OF APPEALS OF GEORGIA, May 30, 2007, Decided
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Overview: Trial court properly granted summary judgment to an employer, in an action filed against it on a theory of respondeat superior, as its employee's actions at the time of a car accident were purely personal, were not within the scope of his employer's business, and were not ratified by the employer by bailing the employee out of jail.
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| Larmon v. CCR Enters., A07A0111,
COURT OF APPEALS OF GEORGIA, May 30, 2007, Decided
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Overview: Because a delivery person was an independent contractor, paid by the job to deliver a bus for a delivery courier, and whose work was not under the courier's control, summary judgment was properly granted to the courier, as it could not be liable for injuries an injured driver suffered in an accident allegedly caused by the delivery person.
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| Mason v. State, A07A0380.,
COURT OF APPEALS OF GEORGIA, May 30, 2007, Decided
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Overview: As defendant consented only to an officer's taking a matchbox out of his pocket, the officer was not concerned about that a weapon was hidden therein, and the box was not readily identifiable as contraband, the search of defendant's person exceeded the permissible scope of a pat-down for weapons, and the cocaine found as a result was inadmissible.
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| Smith v. Liberty Chrysler-Plymouth-Dodge, Inc., A07A0537, A07A0538,
COURT OF APPEALS OF GEORGIA, May 30, 2007, Decided
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Overview: A driver who alleged that a loose tie rod had caused him to lose control of his steering had failed to establish proximate cause, as neither of his experts was qualified under O.C.G.A. § 24-9-67.1 to render an opinion as to the cause of the accident. They lacked the necessary mechanical or accident reconstruction experience.
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| Snelson v. State, A07A0834.,
COURT OF APPEALS OF GEORGIA, May 30, 2007, Decided
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Overview: As trial counsel did not provide defendant with ineffective assistance to the extent that the decisions made would not have affected the outcome of the trial, and counsel properly chose not to object to the court's failure to merge a kidnapping and false imprisonment conviction, as such were independent offenses, a new trial was properly denied.
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