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| In the Matter of Quay, S06Y1432.,
SUPREME COURT OF GEORGIA, January 22, 2007, Decided
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Overview: Because an attorney's act of filing a false tax return caused his clients serious or potentially serious injury and demonstrated a failure to understand fundamental legal doctrines, despite the lack of a disciplinary record, evidence of good character and interim rehabilitation, and the fact that he suffered other penalties, disbarment was ordered.
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| In the Matter of Williams, S07Y0368.,
SUPREME COURT OF GEORGIA, January 22, 2007, Decided
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Overview: Based on a special master's findings that an attorney violated Ga. St. Bar R. 4-102(d):1.15(I) and (II) by failing to deliver to a client funds to which she was entitled; failing to provide an accounting to the client; and converting the client's funds to his own use, the recommended sanction of disbarment was accepted.
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| Lee v. State, S06A1557.,
SUPREME COURT OF GEORGIA, January 22, 2007, Decided
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Overview: Defendant's conviction for felony murder and related charges was upheld on appeal where the evidence showed that he had admitted the killing to his girlfriend and others and the gun used to shoot the victim was the same that defendant had shot at a party earlier in the evening.
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| Milner v. State, S06A1957.,
SUPREME COURT OF GEORGIA, January 22, 2007, Decided
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Overview: Felony murder and aggravated assault convictions were upheld, as evidence of the victim's prior violent acts became irrelevant, given that at the time of the confrontation with defendant, the victim was no longer the aggressor, and defendant failed to show prejudice resulting from the admission of a knife that was not used in the altercation.
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| Powell v. Brown, S06A1581.,
SUPREME COURT OF GEORGIA, January 22, 2007, Decided
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Overview: Dismissal of habeas petition was proper upon a finding that such was premature, in that no governor's warrant had been issued or served from the seeking state at the time the petition was filed, the inmate had only been arrested for Georgia offenses, and the inmate failed to specifically allege a desire to test the legality of his arrest.
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| Sims v. State, S06A2102.,
SUPREME COURT OF GEORGIA, January 22, 2007, Decided
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Overview: Because sufficient evidence supported defendant's involvement in the malice murder of the victim as a party to the crime, including his encouragement, evidence of prior difficulties between the victim and defendant, and the fact that defense counsel was not ineffective, said conviction was upheld on appeal.
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| Spencer v. State, S06A1719.,
SUPREME COURT OF GEORGIA, January 22, 2007, Decided
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Overview: Because an unsworn jury was wholly without authority to pass upon any of the issues at trial, and hence, could not make any determinations whatsoever as to defendant's guilt or innocence, retrial of a malice murder count, from which a finding of not guilty was previously entered, was not barred by double jeopardy principles.
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| State v. Henderson, S06A2040. S06A2041.,
SUPREME COURT OF GEORGIA, January 22, 2007, Decided
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Overview: Superior court exceeded its authority in transferring the prosecution of two juveniles to juvenile court after the State elected to pursue the cases in superior court, as O.C.G.A. § 15-11-28(b)(1) granted it concurrent jurisdiction over the cases before it, and the court was obligated to retain jurisdiction prior to indictment.
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| Sweat v. Sweat, S06F2079.,
SUPREME COURT OF GEORGIA, January 22, 2007, Decided
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Overview: A trial court did not err in a divorce decree by not requiring a QDRO where the record of the trial clearly indicated that the husband never agreed to a QDRO and, in fact, indicated that the parties never stipulated to entry of a QDRO.
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| Thomas v. State, S07A0157.,
SUPREME COURT OF GEORGIA, January 22, 2007, Decided
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Overview: Defendant's malice murder and cruelty to children convictions were upheld on appeal, as post-autopsy photographs were properly admitted to assist the jury in understanding both the internal injuries and the cause of the victim's death, and sufficient and overwhelming evidence was presented that the victim's injuries were not accidental.
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