Reasonable Doubt--Did Thomasville Man Kill His Cousin In 1911

Where order requires executor to secure additional bond, the Supreme Court lacks jurisdiction. Because trial counsel's failure to move for a mistrial could have been a strategic decision, and because the defendant did not question trial counsel concerning this decision, the defendant failed to show that this failure amounted to deficient performance. Broadstreet, 260 Ga. 705, 580 S. 2d 676 (2003). 442, 629 S. 2d 238 (2006). Public Service Commission has power to regulate motortruck freight transportation. § 17-10-69; accordingly, this issue should not arise in habeas proceedings in Georgia. Contract preventing incurrence of additional debt not illegal.

The contractor's claims for unjust enrichment were also barred by sovereign immunity. Spouse's separate property. 787, 750 S. 2d 148 (2013). Establishment of municipal courts and change of name of existing courts with municipal jurisdiction, § 36-32-1. Co., 103 Ga. 613, 30 S. 547 (1898) (see Ga. Act making it felony to defraud laborers and materialmen constitutional. The declaration of a mistrial under such circumstances precludes an accused from successfully invoking the constitutional principle of double jeopardy at the accused's second trial. Exclusiveness of method prescribed by statute or ordinance for enforcement of special assessment for public improvement or service, 88 A. Ninety-day advance application requirement of the Atlanta Outdoor Festivals Ordinance of 2003, Atlanta, Ga., Code of Ordinances §§ 138-186 to 138-209, was not an unconstitutional prior restraint under either U. V because the requirement was content-neutral, the requirement was the least restrictive means of regulation, and the requirement left open alternative channels of communication. Declaration by General Assembly of result of election to fill vacancy.

Withdrawal of consent not shown. The defendants failed to present a shred of evidence that the interpreters did anything other than comply fully with the oath taken and that trial counsel had any reasons to suspect the interpreters did otherwise. Trial counsel was not ineffective for failing to request redaction of drug references in a 9-1-1 tape as the defendant could not demonstrate the prejudice necessary to establish ineffective assistance of counsel since the defendant subsequently injected the issue of drugs into the case by testifying that the victim's home was a crack house and that the victim set the defendant up in order to protect the victim's grandchild, an alleged drug dealer. John H. Hartley, a blacksmith, formerly of Twiggs county, is being tried in the superior court for the murder of John V. Russell, a mechanic, a man with whom he was unacquainted. 1(b), the defendants were not entitled to notice of the eviction. It is error to give jury erroneous conception that fictitious "buyer and seller" referred to in definition of market value are the condemnor and condemnee.

Members of the county boards of education are not individually liable for the negligent performance of their official duties unless it is shown that their negligence amounts to malicious, or willful and wanton misconduct. Any change in constitutional amendments creating the Clarke County School District and Board of Education would prevent their reenactment by local law and would require approval by the Justice Department. U77-12 (decided under Ga. No debt may be incurred under subparagraphs (c) and (d) of Paragraph I of this section at any time when the term of the debt is in excess of 25 years. False statement statute, O. The funeral services were held Monday.

Where a party is sued outside the party's county of residence as an alleged joint tort-feasor, a directed verdict in favor of the resident alleged joint tort-feasor makes the venue improper and the party must be sued again in the party's county of residence. Implied cause of action for damages for violation of provisions of state constitutions, 75 A. R. 5th 619. A county government is exempt from all municipal regulation of construction projects undertaken by the county with respect to county-owned property located within the city and used for governmental purposes, but that they are subject to other municipal regulations as indicated by the Georgia legislature such as fire safety standards, O. Former employee's claims that the employee was dismissed because of expressive activity, failed under both Georgia's equal protection provisions and freedom of speech guarantees because the former employer and the two managers, were not state actors or private parties acting under the color of state law. Time for closing argument. Homestead exemption for disabled veterans, aged, other residents. Former "Steinberg Act, " former O. After learning that the defendant did not have a valid driver's license, the officer had probable cause to arrest the defendant and after observing the defendant reach into a pocket, retrieve a plastic bag, and attempt to conceal the bag, the officer had probable cause to search the vehicle for contraband.

The term "property" comprehends not only the thing possessed but also, in strict legal parlance, means the rights of the owner in relation to land or a thing; the right of a person to possess, use, enjoy, and dispose of it, and the corresponding right to exclude others from the use. § 16-10-20 may only be applied to conduct that persons of common intelligence would know was wrongful because the statement could result in harm to the government. Default with judgment based thereon, which is unsupported by a verdict, and which carries no finding of damages as to a resident defendant, is insufficient to furnish a venue base on which the verdict against the nonresident can rest.

Sun, 19 May 2024 02:06:31 +0000