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   State Courts - Georgia - May 30 - June 2, 2006

  
Parnell v. State, A06A0153., COURT OF APPEALS OF GEORGIA, May 30, 2006, Decided
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Overview: Convictions of felony marijuana possession and aggravated assault and battery were upheld because they were supported by sufficient evidence supplied by the victim, police officers, and other witnesses, and the fact that counsel's trial strategy did not amount to ineffective assistance of counsel. Further, defendant failed to show prejudice.

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Davis v. Pinson, A06A0439., COURT OF APPEALS OF GEORGIA, May 31, 2006, Decided
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Overview: Trial court properly denied a driver's summary judgment motion, in a police officer's action against him, as the officer's suit was not barred by the Fireman's Rule, given that the alleged negligence that occurred to cause the accident which injured the officer had nothing to do with the officer's presence at the scene.

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Empire Fire & Marine Ins. Co. v. Daniels, A06A0337., COURT OF APPEALS OF GEORGIA, May 31, 2006, Decided
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Overview: Because "rent" was not defined in the insurance policy at issue, a trial court properly used the dictionary definition of "rent" to find that a driver paid no rent for the use of car involved in accident. Thus, the trial court correctly found that the driver was not a "rentee" under the policy, but was instead an "insured" under the policy.

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Housing Auth. of Macon v. Younis, A06A0202., COURT OF APPEALS OF GEORGIA, May 31, 2006, Decided
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Overview: Trial court erred in denying housing authority's motion in limine in condemnation case seeking to exclude evidence of commercial value of land. Since the land was subject to a federal court order which required it to be used as a public playground, evidence regarding potential commercial value of the land was irrelevant under O.C.G.A. § 24-2-1.

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Anderson v. Deas, A05A1013., COURT OF APPEALS OF GEORGIA, June 1, 2006, Decided
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Overview: Family Violence Act gave Georgia courts jurisdiction over nonresident only where act with which he was charged met requirements of O.C.G.A. § 9-10-91(2), (3). Conduct giving rise to offense occurred where the maker of the call spoke into the telephone, and father's daily calls to speak to his daughter did not confer jurisdiction in Georgia.

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Chavis v. Brisker, A06A0760., COURT OF APPEALS OF GEORGIA, June 1, 2006, Decided
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Hale v. Scarborough, A06A0804, A06A0917., COURT OF APPEALS OF GEORGIA, June 1, 2006, Decided
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Overview: Deed from a transferor to his son was unambiguous and showed that land deeded extended to owner's property. No evidence supported the transferor's claim that when he deeded the lot to the son, he kept a strip of land between lot deeded and owner's property, and trial court properly entered summary judgment on tranferor's claim against owner.

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Head v. State, A06A0675., COURT OF APPEALS OF GEORGIA, June 1, 2006, Decided
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Overview: While three crimes arising out of an armed robbery were committed after a customer, the only witness to identify defendant, was ordered into a cooler, only one robber entered the restaurant and the jury was authorized to infer that the man identified by the customer also committed the crimes committed after the customer was in the cooler.

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Brazier v. Phoenix Group Mgmt., A06A0533., COURT OF APPEALS OF GEORGIA, June 2, 2006, Decided
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Overview: Even if an administratrix could have shown that a developer was negligent per se for failing to erect a fence around the lake where the decedent drowned rescuing her minor son, the developer still was not liable since the lake was an open and obvious hazard of which the decedent and her son had equal knowledge.

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