Fredrick Slaughter, pro se, appeals from a trial court's order sentencing him as a recidivist without parole. Slaughter contends the trial court erred by sentencing him as a recidivist based upon at least one of three convictions used by the State to convict him of possession of a firearm by a convicted felon. We agree. "Where the state proves a defendant's prior felony convictions for the purpose of convicting him of being a convicted felon in possession of a firearm, it may not also use...  

These related cases arise from the events of March 11, 2005, when Brian Nichols escaped Fulton County Sheriff deputies while awaiting trial at the Fulton County Courthouse and later shot and killed David Wilhelm in Wilhelm's northwest Atlanta home. Appellants were employed as deputies and were named as defendants in a wrongful death suit filed by Candee Wilhelm as David's surviving spouse and as executrix of his estate. The appeals, which we have consolidated for review, come from the denial of...  

Quintus Jones, III, proceeding pro se, appeals his conviction for driving under the influence of alcohol to the extent he was a less safe driver ("DUI less safe").1 In several enumerations of error, Jones argues that: (1) his constitutional right to a speedy trial was violated; (2) the State failed "to produce an [i]nformation or [i]ndictment"; (3) the trial court erred by denying his motion to suppress based on lack of probable cause; (4) the State committed a Brady2 violation;...  

Michael and Debra Lampkin filed suit against the First Community Bank of Tifton ("Bank"), alleging fraud and seeking to enjoin the Bank from foreclosing the security deed on the Lampkins' property. The trial court granted summary judgment to the Bank, and the Lampkins appeal. We affirm, for reasons that follow... In reviewing grants of summary judgment, this [C]ourt conducts a de novo review of the law and the evidence. To prevail at summary judgment under OCGA § 9-11-56, the...  

A jury found Robert Whitehead guilty of hijacking a motor vehicle, armed robbery, aggravated assault, and possession of a firearm during the commission of a felony.1 Whitehead appeals from the denial of his motion for new trial, contending that the evidence was insufficient to support the convictions, that his conviction for armed robbery should have merged with the conviction for hijacking a motor vehicle, and that he received ineffective assistance of counsel during sentencing. None of the...  

Keith King filed suit against Bogdan Petrica Maxineau and his employer, A&H, Inc. ("A&H"), alleging negligence and seeking to recover for personal injuries he suffered when Maxineau's truck struck his truck from behind on Interstate 285 ("I-285"). The case proceeded to trial, and the jury returned a verdict in King's favor in the amount of $2,000,000. Maxineau and A&H appeal from the judgment entered on the jury verdict, arguing that the trial court erred in refusing to include...  

After a jury trial, Lerone Powell was convicted of false imprisonment1 and misdemeanor family violence battery.2 Powell appeals, challenging, among other things, the sufficiency of the evidence and arguing that the trial court's jury charge permitted the jury to find Powell guilty of family violence battery in a manner other than that charged in the indictment. For the reasons that follow, we affirm Powell's false imprisonment conviction, but reverse his conviction for family violence...  

I. W.'s biological father appeals the juvenile court order finding nine-year-old I. W. deprived and ordering that long-term custody be granted to the child's maternal aunt rather than him. We find no error and affirm the juvenile court's order... The record shows that I. W.'s mother died on December 1, 2008, and I. W. began residing with her maternal aunt when her mother entered the hospital shortly before that time. The mother had never married I. W.'s biological father, and the biological...  

Following his arrest for driving under the influence of alcohol, Andy Jason Mohammed filed a motion to suppress evidence collected during what he claimed was an invalid traffic stop. The state now appeals from a trial court order granting the motion to suppress. Based on our limited standard of review in considering judgments on motions to suppress, we affirm... When considering the appeal of a grant or denial of a motion to suppress, the trial court sits as the trier of fact, and this Court...  

Both F. F., a fourteen-year-old juvenile, and F. F.'s mother appeal from the trial court's order adjudicating F. F. delinquent for committing acts that, if committed by an adult, would constitute aggravated sexual battery.1 Both appeals allege the evidence was insufficient to support the adjudication of delinquency, the trial court erred in not having F. F.'s parents in the courtroom with him during trial, and F. F. received ineffective assistance of trial counsel. In the interest of economy,...  

Richard Stone and Anita Stone filed a petition to adopt two-year-old A. S., whom they had cared for since he was five days old. It is undisputed that A. S. was born out of wedlock, that the parental rights of A. S.'s mother had previously been terminated, that A. S. had not been legitimated by his biological father, and that a paternity test excluded Corey Williams as A. S.'s biological father. Jerimi Parker, Williams' half-brother, filed a motion to dismiss the Stone's adoption petition,...  

Douglas Day appeals his conviction of possession of methamphetamine with intent to distribute, arguing that the trial court erred by denying his motion to suppress contraband seized from his camper. Finding no error, we affirm... A trial court's order on a motion to suppress will not be disturbed on appellate review if there is any evidence to support it, and we will accept the trial court's decision with regard to questions of fact and credibility unless clearly erroneous. We construe all...  

James William Moore entered a non-negotiated guilty plea to two counts of burglary. Moore's GCIC report was introduced into evidence, and the trial court sentenced him as a recidivist to serve twenty years, seven of which would be served in confinement, with the balance on probation, pursuant to OCGA § § 17-10-7 (a) and (c).1... On appeal, Moore contends that he should not have been sentenced as a recidivist. Specifically, he argues that the state did not give adequate notice of its...  

William Van Johnson pled guilty to incest and was sentenced to ten years, three of which he was ordered to serve in confinement with the remainder on probation. Johnson filed a motion to withdraw his guilty plea, which the trial court denied. On appeal, Johnson contends that his motion to withdraw his guilty plea should have been granted because he did not knowingly and voluntarily enter the plea. We find no error and affirm... A ruling on a motion to withdraw a guilty plea lies within the...  

A jury convicted William A. Parks, Jr. of single counts each of cruelty to children in the second degree (OCGA § 16-5-70 (c)), terroristic threats (OCGA § 16-11-37) and criminal trespass (OCGA § 16-7-21).1 Parks filed a motion for new trial, which the trial court denied. Parks appeals, arguing that (i) the trial court erred in admitting prejudicial photographs; (ii) the evidence was insufficient to support his convictions; (iii) the trial court erred in giving and refusing to...  

GMC Group, Inc. appeals from the trial court's denial of its motion to set aside and open the default judgment entered in favor of Harsco Corporation. GMC contends that the trial court erred: (i) in finding that Harsco's complaint on account was for liquidated damages, (ii) in granting default judgment without conducting an evidentiary hearing on unliquidated damages, and (iii) in the event that an evidentiary hearing was conducted, the trial court erred in awarding Harsco damages because...  

A Cobb County jury convicted William Tyrone Rucker of two counts of aggravated assault (OCGA § 16-5-21 (a) (2)) and one count of criminal damage to property in the first degree (OCGA § 16-7-22 (a) (1)). Rucker filed a motion for new trial, which the trial court denied. Rucker appeals, arguing that (i) the evidence was insufficient to support his convictions for aggravated assault; (ii) the trial court erred in admitting several prior convictions and bad character evidence; (iii) trial...  

Big Lots and its workers' compensation insurer, Sentry Insurance Company, appeal from the decision of the superior court reversing the award of the appellate division of the State Board of Workers' Compensation which discontinued medical treatment benefits previously awarded to Robyn Kiker for a work-related back injury on the basis that the injury resolved. We reverse. The superior court erroneously excluded evidence supporting the award and erroneously failed to affirm the appellate division...  

Randy Cofield was tried and convicted in Clayton County for theft by taking and obstruction of an officer in connection with his failure to return a rental vehicle. Cofield appeals, contending that the state failed to prove: (1) venue as to the theft by taking charge; (2) intent as to the theft by taking charge; and (3) obstruction of an officer. The arguments are without merit, so we affirm the convictions... 1. "Generally, a criminal action must be tried in the county in which the crime...  

In a bifurcated trial, a jury found Roy Brown guilty of aggravated assault and possession of a firearm during the commission of a felony. Sitting without a jury, the trial court found Brown guilty of possession of a firearm by a convicted felon. Brown appeals from the convictions, claiming: (1) he was denied effective assistance of trial counsel; and (2) the trial court erred in denying his trial counsel's request for a longer continuance. Because the arguments are without merit, we affirm the...