Peter Rene McKinney appeals his conviction for felony possession of marijuana. McKinney contends the trial court erred in denying his motions for directed verdict and new trial because the circumstantial evidence admitted at trial was insufficient to prove his guilt beyond a reasonable doubt. He also contends the trial court erred in denying his motion to suppress because the arresting officer illegally detained him by asking for consent to search his vehicle. Finding no error, we affirm... On...  

Following a jury trial, Bernabe Garcia was convicted of trafficking in methamphetamine, driving without a license, driving without insurance, and alteration of license plates. Garcia appeals the drug trafficking conviction, contending that the trial court erred in denying his motion to suppress evidence seized in the search of his vehicle following his arrest at a traffic stop, and that the evidence presented at trial was insufficient to support the jury's verdict. Finding no error, we...  

Following a jury trial, Jonathan Whitaker was convicted of child molestation and sexual battery. He was acquitted of aggravated sexual battery. Whitaker appeals from the denial of his amended motion for new trial, contending that the evidence was insufficient to support his conviction for child molestation, and that the trial court erred in allowing the state to introduce into evidence the victim's videotaped interview and in refusing to give a complete charge to the jury. Finding no error, we...  

Harris Insurance Agency, Inc. (Harris) appeals from the trial court's grant of summary judgment in favor of Tarene Farms, LLC (Tarene) on issues arising from a commercial lease entered into by the parties. For the following reasons, we affirm in part and reverse in part... After Harris entered into a written lease agreement to lease a building from Tarene for the purpose of operating an insurance business, Harris made various improvements to the building. When Harris subsequently failed to pay...  

The mother of W. A. P. appeals the juvenile court's finding that W. A. P. is deprived.1 Because we conclude that there was clear and convincing evidence to support the juvenile court's finding that W. A. P. was deprived, we affirm... W. A. P. entered the custody of the Department of Family and Children Services ("DFCS") in late November 2007, when he was approximately one month old. At the time, the mother already had another child in DFCS custody. In alleging that W. A. P. was...  

A jury convicted Jonathan Jermaine Serchion of one count of armed robbery, five counts of aggravated assault, two counts of burglary, and one count of possession of a firearm or knife during the commission of a felony. Serchion challenges the sufficiency of the evidence asserting the general grounds. Discerning no error, we affirm... Viewed in the light most favorable to the verdict (Pollard v. State, 230 Ga. App. 159 (495 SE2d 629) (1998)), the evidence shows that at approximately 10 p.m., on...  

Melissa Lee Chase appeals from the judgment entered after a bench trial at which she was found guilty under OCGA § 16-6-5.1 of sexual assault against a person enrolled in a school. Chase argues on appeal that she did not knowingly and intelligently waive her right to a jury trial and that the trial court erred in not considering evidence that the victim consented to the sexual encounter. For reasons that follow, we conclude there was no error and affirm... 1. The trial court did not err in...  

A Clayton County jury found Oscar Maldonado guilty beyond a reasonable doubt of trafficking in methamphetamine, OCGA § 16-13-31 (e), and possession of cocaine, OCGA § 16-13-30 (a). He appeals, challenging the sufficiency of the evidence. Finding no error, we affirm... On appeal from a criminal conviction, the evidence must be viewed in the light most favorable to support the verdict, and the defendant no longer enjoys a presumption of innocence. We determine only whether the evidence...  

On or about December 20, 2001, a fire destroyed an apartment building located at 8085 Brandon Mill Road in Dunwoody. AMLI Residential Properties, Inc. ("AMLI"), which owned the building, sued Georgia Power Company ("GPC"), claiming that GPC's negligence in the inspection, maintenance, repair, and operation of the electrical cable and associated equipment supplying power to the building caused the fire. The trial court granted GPC's motion in limine to exclude certain evidence...  

The State appeals the trial court's order granting Tonio Stallworth's motion to dismiss his indictment on speedy trial grounds. For reasons that follow, we reverse... 1. Initially, we note that the State's brief contains no proper citations to the record, in violation of Court of Appeals Rule 25 (c) (2) (iii). We caution the State "that reference to the record should be indicated by specific volume or part of the record and by (R-Page Number of the Record). And where proper citations are...  

Timothy J. Evans appeals the trial court's denial of his plea of double jeopardy, contending that his exclusion from the drug court program violated his rights to Equal Protection and the Americans with Disabilities Act of 1990. For the reasons that follow, we affirm the trial court's order denying the plea... Evans was indicted for possession of methamphetamine and drug paraphernalia. The State offered to nol pros the drug paraphernalia count and recommend a sentence of either five years'...  

Dave Pilz, Joy Pilz and Joy's Playschool-Childcare, Inc. (collectively, "the defendants") appeal from the trial court's denial of their motion to dismiss the personal injury suit brought by Tyler Thibodeau and his parents, James and Michelle Thibodeau (collectively, "the plaintiffs").1 The defendants contend that, because the court had not filed a written order in the suit between May 3, 2001, and May 3, 2006, the suit stood automatically dismissed as of the latter date. In the...  

The Juvenile Court of Chatham County dismissed a delinquency petition which alleged that 14-year-old N. C. committed an act which, if committed by an adult, would have constituted the offense of aggravated sodomy, OCGA § 16-6-2 (a) (2).1... N. C. appeals, contending that the juvenile court violated his right to due process when it dismissed the delinquency petition without a hearing pursuant to OCGA § 15-11-30.2. As discussed below, however, OCGA § 15-11-30.2 (f) expressly states...  

Anson Adams appeals his convictions for aggravated assault and for the felony of fleeing and attempting to elude the police, arguing that the evidence at his jury trial was insufficient and that the indictment failed to sufficiently allege aggravated assault and thus was fatally defective. Finding no error, we affirm... The trial evidence, viewed in the light most favorable to the verdict,1 showed that on the night of October 12, 2006, Adams consumed alcoholic beverages at a charity event....  

The Juvenile Court of Brooks County terminated the parental rights of the mother of four-year-old A. G. and three-year-old K.G.1 She appeals, contending there was insufficient evidence to support the court's order. For the following reasons, we affirm... A termination of parental rights case involves a two-step analysis. First, there must be a finding of parental misconduct or inability, which requires clear and convincing evidence that: (1) the child is deprived; (2) the lack of proper...  

A jury found Demetrius Dexter guilty of child molestation.1 In two enumerations of error, Dexter challenges the sufficiency of the evidence. In a third enumeration, Dexter contends that the trial court erred in admitting his statement. For reasons that follow, we disagree and affirm... 1. The evidence, construed favorably to the verdict,2 demonstrates that in July 2005, 15-year-old J. W. was living with her mother, step-father, sister, and three brothers. Dexter, a family friend in his late...  

Shannon Roy Bryson appeals his conviction for possession of methamphetamine, driving under the influence, open container, and no license on person. Bryson contends the trial court erred by denying his motion for new trial. For the reasons below, we affirm... On appeal, the evidence must be viewed in a light most favorable to the verdict, and [Bryson] no longer enjoys a presumption of innocence; moreover, on appeal this court determines evidence sufficiency, and does not weigh the evidence or...  

Wesley Fitzgerald Arnold was convicted of 14 counts of theft by deception, and sentenced to serve 15 years in confinement followed by 20 years on probation. Arnold argues on appeal that some of the counts should have merged for sentencing purposes. We disagree and affirm his convictions and sentence... 1. We view the evidence on appeal in the light most favorable to the verdict, and no longer presume the defendant is innocent. We do not weigh the evidence or decide the witnesses' credibility,...  

A jury found Warren Milan guilty of child molestation. On appeal, Milan challenges the sufficiency of the evidence. He also contends that the trial court erred in: limiting the scope of a defense expert's testimony; admitting hearsay; permitting the State to argue witness credibility in closing; and charging the jury. Finally, Milan asserts that he received ineffective assistance of counsel. As we find that Milan's allegations of error present no basis for reversal, we affirm... 1. On appeal...  

Following a bench trial, David Hughes appeals his conviction of possession of methamphetamine with intent to distribute,1 possession of a firearm during the commission of a drug offense,2 and carrying a concealed weapon.3 Specifically, Hughes contends that the trial court erred in denying his motion to suppress evidence discovered and seized after a traffic stop.4... Because the initial traffic stop was justified, and because Hughes voluntarily consented to the subsequent searches giving rise...