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| Manley v. State, S06A1591.,
SUPREME COURT OF GEORGIA, January 8, 2007, Decided
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Overview: Defendant, who was arrested in 2005 for a murder that occurred in 1987, had not shown that the delay in his arrest violated due process. In a murder case, any prejudice resulting merely from the passage of time could not create the requisite prejudice, and defendant had not shown that the State acted deliberately to gain a tactical advantage.
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| Morris v. Pugmire Lincoln Mercury, Inc., A06A2371.,
COURT OF APPEALS OF GEORGIA, January 8, 2007, Decided
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Overview: Because a customer's contention that a car dealer knew of the alleged defects in a car sold to him at the time of the sale was negated by affidavits submitted by the dealer's service and maintenance employees, he failed to show evidence of any scienter to support his fraud claim, supporting the dealer's summary judgment motion against the same.
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| Nichols v. State, S06A1920.,
SUPREME COURT OF GEORGIA, January 8, 2007, Decided
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Overview: Felony murder conviction during the commission of an aggravated assault was upheld on appeal, as supported by sufficient evidence, including defendant's admissions; trial counsel was not ineffective; and similar transaction evidence was properly admitted to show defendant's course of conduct and bent of mind.
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| Paige v. State, S06A2047.,
SUPREME COURT OF GEORGIA, January 8, 2007, Decided
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Overview: Trial court properly excluded a juror who was a cousin of defendant and a nephew of defendant's grandmother, who testified at the trial. Even if the juror's statements about the particular degrees of consanguinity were vague, it was within the trial court's discretion to exclude the juror whether or not the test of O.C.G.A. § 15-12-135(a) was met.
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| Parker v. State, S06A1964,
SUPREME COURT OF GEORGIA, January 8, 2007, Decided
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Overview: Because the victim's first two injuries resulted from a separate offense than the third and fatal injury, convictions for aggravated assault and malice murder did not merge. Further, counsel's decision not to seek suppression of a bloody jacket or evidentiary challenges to the admission of evidence did not amount to ineffective assistance.
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| State v. Howard, A06A2365,
COURT OF APPEALS OF GEORGIA, January 8, 2007, Decided
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Overview: As the arresting officer failed to make a reasonable effort to accommodate defendant's request to obtain an independent blood test in accordance with O.C.G.A. § 40-6-392(a)(3), but instead rebuffed every suggestion defendant made in order to secure the same, the trial court properly suppressed the results of the state-administered breath test.
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| Turner v. State, S06A1943.,
SUPREME COURT OF GEORGIA, January 8, 2007, Decided
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Overview: While sufficient evidence supported defendant's convictions, and an involuntary manslaughter instruction was not warranted by the evidence, defendant could not be convicted of three felony murder counts when only one person was killed. Hence, as only one life sentence could be imposed, upon the State's concession, a resentencing was ordered.
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| Walker v. Brown, S06A1631,
SUPREME COURT OF GEORGIA, January 8, 2007, Decided
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Overview: In a probation revocation appeal, to determine if an ex post facto violation resulted from use of the applied law, the law in effect at the time of the probation revocation must be measured against the law in effect at the time of the initial offense, not the law in effect at the time of the act that resulted in probation revocation.
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| Warbington v. State, S06A1571.,
SUPREME COURT OF GEORGIA, January 8, 2007, Decided
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Overview: Defendant failed to show ineffective assistance of counsel on his appeal for his conviction for felony murder as the fact that defendant disagreed with defense counsel's strategy did not amount to ineffectiveness and defendant failed to rebut the presumption that his counsel's conduct fell outside the range of reasonable professional assistance.
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