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| Ladzinske v. Allen, S05A1866.,
SUPREME COURT OF GEORGIA, January 17, 2006, Decided
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Overview: Underlying subject matter of a dispute arising from a building permit concerned review of an administrative zoning decision and appellate court had jurisdiction only in context of discretionary appeal. Trial court's order was appealable under O.C.G.A § 5-6-34(a), but resident was required to obtain permission pursuant to O.C.G.A. § 5-6-35.
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| Lampkin v. State, A05A1877.,
COURT OF APPEALS OF GEORGIA, January 17, 2006, Decided
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Overview: Trial court properly admitted similar transaction evidence of crimes against rape victim for identification purposes in trial for crimes against assault victim where discovery of rape victim's possessions in defendant's car tied defendant to sexual assaults and assailant in both cases hid face with dark-colored raincoat and used same gun.
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| Lloyd v. State, S05A1627.,
SUPREME COURT OF GEORGIA, January 17, 2006, Decided
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Overview: The evidence was sufficient to find defendant guilty of aggravated stalking in violation of O.C.G.A. § 16-5-91(a) where he had assaulted his girlfriend on numerous occasions and continued to show up at her work place which caused her to lose several jobs.
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| Merriweather v. Voss, A05A1972.,
COURT OF APPEALS OF GEORGIA, January 17, 2006, Decided
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Overview: Where plaintiff's personal injury action was served on defendant's brother at his residence, such did not meet the requirements for sufficient service under O.C.G.A. § 9-11-4(e)(7), as defendant did not reside there, she did not authorize her brother to accept service, and she was never personally served; dismissal was proper.
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| Morgan County Bd. of Comm'rs v. Mealor, S05A1437.,
SUPREME COURT OF GEORGIA, January 17, 2006, Decided
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Overview: Excluding clerk from county's pension plan was based on county's decision that it should contribute to each constitutional officer's retirement plan only once. That reason did not violate equal protection, since it was based on a rational distinction between the various constitutional officers, and furthered the legitimate governmental purpose.
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| Morris v. State, S05A1381.,
SUPREME COURT OF GEORGIA, January 17, 2006, Decided
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Overview: Although the jurors expressed some concern about the case, when individually questioned, each juror affirmed his or her impartiality. Thus, defendant failed to overcome the strong presumption that counsel's conduct fell within the broad range of reasonable professional conduct when he elected not to seek their removal for cause.
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| Murphy v. State, S06A0069.,
SUPREME COURT OF GEORGIA, January 17, 2006, Decided
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Overview: Trial court's reference, in telling a jury to disregard an inapplicable charge it had given the jury, was to "this charge," and the immediate topic was the inapplicable charge, not the "grave suspicion" principle which was the subject of charge prior to the inapplicable charge. Taken as a whole, charge fully and fairly instructed the jury.
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| Nix v. State, S05A1749.,
SUPREME COURT OF GEORGIA, January 17, 2006, Decided
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Overview: Since defendant could not be sentenced for both malice and felony murder under O.C.G.A. § 16-1-7, where defendant shot and killed the victim, the separate judgment of conviction and sentence for felony murder had to be vacated.
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| Parris v. Leifels, S05A1614.,
SUPREME COURT OF GEORGIA, January 17, 2006, Decided
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Overview: A daughter-in-law was not entitled to a constructive trust under O.C.G.A. § 53-12-93(a) on the marital home, which her former father-in-law had foreclosed upon and purchased, because his broken verbal promise that she could continue to live there after her divorce was not made with the intent to later break it so that he could take her interest.
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| Patterson v. State, S05A1378.,
SUPREME COURT OF GEORGIA, January 17, 2006, Decided
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Overview: Evidence was sufficient to support malice murder and burglary convictions. Since defendant failed to object to statements given to officers by victim's son on Sixth Amendment grounds at trial, he was barred from raising issue on appeal. Even if admission of evidence of similar crime was error, it was harmless given evidence against defendant.
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