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| Davis v. State, A06A0783.,
COURT OF APPEALS OF GEORGIA, June 5, 2006, Decided
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Overview: State failed to prove a valid waiver of the right to counsel, and trial court erred in allowing defendant to proceed pro se since the trial court never informed defendant of dangers of proceeding without counsel. Since standby counsel provided no assistance during trial, and potentially made things worse for defendant, the error was not harmless.
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| Rogers & Sons, Inc. v. Santee Risk Managers, LLC, A06A0757.,
COURT OF APPEALS OF GEORGIA, June 5, 2006, Decided
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Overview: Since before fire which destroyed covered equipment, the insured's president learned what his obligation was under insurance company's fire extinguisher requirement, but did not tell anyone that his earlier confirmation that equipment had required extinguisher was false, policy was void and denial of insured's property damage claim was proper.
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| State v. Harper, A06A0623.,
COURT OF APPEALS OF GEORGIA, June 5, 2006, Decided
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Overview: The State did not have the right to withdraw from a plea agreement upon hearing the court's intention to reject the agreement.
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| Confidential Bonding Co. v. State of Ga., A06A1510, A06A1511, A06A1512, A06A1513.,
COURT OF APPEALS OF GEORGIA, June 6, 2006, Decided
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Overview: Since a surety on four criminal bonds did not pay the judgments on its forfeited bonds, O.C.G.A. § 17-6-72(d)(3), allowing reduction, controlled. Since the individuals were all arrested by county authorities without any involvement of the surety, the surety failed to show that it was entitled to a remission of the bonds.
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| Dorsey v. State, A06A1473.,
COURT OF APPEALS OF GEORGIA, June 6, 2006, Decided
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Overview: Defendant's claim that guilty plea was involuntary since he believed that once he signed plea form, he was required to plead guilty was belied by substantial evidence, including a sentence in the form stating that he was allowed to withdraw his plea, and his two oral statements during the colloquy indicating that he wanted to plead guilty.
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| Remax the Mt. Co. v. Tabsum, Inc., A06A0432.,
COURT OF APPEALS OF GEORGIA, June 6, 2006, Decided
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Overview: Interference without elimination of access to property did not constitute a special injury. A trial court properly dismissed a tort suit brought by business owners against mining companies which sought damages arising from a detour of traffic caused by the closure of a road because of the mining companies' negligent pumping of groundwater.
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| Spradlin v. State, A06A1122.,
COURT OF APPEALS OF GEORGIA, June 6, 2006, Decided
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Overview: While defendant, a passenger in a truck seen at burglary scene, and the truck driver, both claimed that defendant was passed out while the driver committed burglary without defendant's knowledge, testimony from other witnesses indicated that two men were involved, and sufficient evidence supported conviction of burglary, O.C.G.A. § 16-7-1.
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