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| Cowan v. State, A06A0115.,
COURT OF APPEALS OF GEORGIA, May 24, 2006, Decided
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Overview: Child molestation conviction was upheld on appeal, supported by evidence that defendant grabbed the victim's hand and rubbed it against his penis and properly admitted similar transaction evidence. Further, a Batson challenge lacked merit, challenged jurors could remain impartial, and newly discovered testimony did not warrant a new trial.
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| Ga. DOT v. Strickland, A06A0430, A06A0431.,
COURT OF APPEALS OF GEORGIA, May 24, 2006, Decided
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Overview: Trial court erred in denying summary judgment to both a city and the Department of Transportation, in a slip and fall case filed against them by a pedestrian, as she was a license, the pothole in which she fell was not a concealed hazard, and no evidence of wilfulness or wantonness on the part of the city or the Department was presented.
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| J.W. Truck Sales, Inc. v. Hartrampf Outdoor, LLLP, A06A0588.,
COURT OF APPEALS OF GEORGIA, May 24, 2006, Decided
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Overview: Lessee made election between two lease options when it started to pay rent in accordance with the lease. That option provided for smaller rent increase but gave lessors right to terminate with 60 days notice. Nothing in the lease required the election to have been made in any specific way. A writ of possession in favor of lessors was proper.
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| Kent v. Graham Commer. Realty, Inc., A06A0123, A06A0124. A06A0870.,
COURT OF APPEALS OF GEORGIA, May 24, 2006, Decided
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Overview: Contracts were not sales contracts but were, in effect, option contracts giving the buyer the right to "automatically cancel and terminate" the contract. Since the buyer never elected to buy the property, no sales contracts came into being, and thus marketing agreements were not automatically extended under the "sales contract" provisions.
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| King v. Lusk, A06A0375.,
COURT OF APPEALS OF GEORGIA, May 24, 2006, Decided
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Overview: In a legitimation proceeding, because none of the hearing transcripts of an intervenor's motion for new trial hearing were before the appellate court, and thus, the court could not discern upon what premise it found against the intervenor, the court had to assume that the trial court's findings were supported by sufficient competent evidence.
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| McDonald Constr. Co. v. Bituminous Cas. Corp., A06A0633, A06A0634.,
COURT OF APPEALS OF GEORGIA, May 24, 2006, Decided
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Overview: Costs to replace tiles in construction project arose under construction contract, not from any tort liability that arose outside of that contract. Tile replacement was done to comply with construction contract, so insurer had no obligation to pay the tile replacement costs under its commercial general liability policy. Claim was properly denied.
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| Prather v. State, A06A1393.,
COURT OF APPEALS OF GEORGIA, May 24, 2006, Decided
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Overview: Trial court did not err in denying defendant's motion for a mistrial after one of his child victims stated that he battered the child's grandmother after she witnessed defendant molesting the child, as said evidence supported a finding that this separate criminal act was admissible as part of the res gestae of the child molestation crime.
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| Stulb v. State, A06A1225.,
COURT OF APPEALS OF GEORGIA, May 24, 2006, Decided
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Overview: While indictment did not charge statutory rape, O.C.G.A. § 16-6-3, its allegations notified defendant that statutory rape could have been a lesser included offense of indicted crime of child molestation. Since defendant admitted that he tried to have intercourse with victim, who testified that "it hurt," jury charge on statutory rape was proper.
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