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| Brooks v. State, A07A0793.,
COURT OF APPEALS OF GEORGIA, May 31, 2007, Decided
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Overview: Because defendant asked for a blood test in response to the officer's request to submit to the state-administered breath test, clearly attempting to designate the state-administered test, not request an independent test, and he understood that he could not choose the type of test done, his suppression motion was properly denied.
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| In re Estate of Thomas, A07A0126,
COURT OF APPEALS OF GEORGIA, May 31, 2007, Decided
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Overview: An executrix's appeal from a probate court's decision was untimely. A motion to reconsider, which actually was a motion to amend, did not extend the time for appeal; under O.C.G.A. §§ 5-3-2 and 5-3-20, the executrix should have appealed within 30 days of a final order discharging her and ordering that she return a certain amount to the estate.
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| Ojemuyiwa v. State, A07A0347.,
COURT OF APPEALS OF GEORGIA, May 31, 2007, Decided
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Overview: Defendant should have been acquitted of DUI when the only evidence was the smell of alcohol on her breath and there was none that her driving ability was impaired due to alcohol consumption. Counts for obstruction of an officer did not merge, as one was based on defendant's striking an officer, the other on her refusal to comply with commands.
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| Thompson v. General Sec. Ins. Co., A07A0699, A07A0700,
COURT OF APPEALS OF GEORGIA, SECOND DIVISION, May 31, 2007, Decided
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Overview: In related personal injury and wrongful death cases, summary judgment was properly granted to an insurer on the ground that it had cancelled a policy. A cancellation form showed on its face that it had been received by the Public Service Commission, and appellants had not shown that the form was not received or that its stamp was inauthentic.
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| Williams v. State, A07A1072.,
COURT OF APPEALS OF GEORGIA, May 31, 2007, Decided
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Overview: There was sufficient evidence to support defendant's conviction for cruelty to children in the first degree under O.C.G.A. § 16-5-70. After defendant's 11-month-old child was seriously burned by extremely hot bath water, defendant delayed calling for emergency medical assistance for over an hour, thus causing him cruel and excessive pain.
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| In the Interest of H.C., A07A0153.,
COURT OF APPEALS OF GEORGIA, June 1, 2007, Decided
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Overview: As a termination of parental rights order was supported by evidence that the children lacked proper parental care and that the cause of the deprivation was likely to continue, based on the mother's admitted drug use, failure to pay child support, failure to bond with the children, and consent to a non-reunification plan, such was upheld on appeal.
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| State v. Haynes, A07A0414.,
COURT OF APPEALS OF GEORGIA, June 1, 2007, Decided
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Overview: While the trial court properly dismissed a patron's personal injury claims for damages over $ 5,000, because the patron failed to comply with the required ante litem notice requirements under O.C.G.A. § 50-21-26(a), the trial court erred in denying dismissal of the patron's claims for damages of $ 5,000 or less.
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| State v. Underwood, A07A0576.,
COURT OF APPEALS OF GEORGIA, June 1, 2007, Decided
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Overview: Because the trial court's finding that defendant was under arrest only for the possession of drug-related items at the time the implied consent notice was read to him, although probable cause existed to arrest him for DUI, its order excluding the results of the state-administered breath test was upheld on appeal.
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