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| Porter-Martin v. Martin, S05A2090.,
SUPREME COURT OF GEORGIA, January 17, 2006, Decided
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Overview: Divorcing husband's income amount, purposefully inserted into the parties' divorce decree, was substantive information, and it could not be changed, as if it had been a clerical error within the meaning of O.C.G.A. § 9-11-60(g), without setting aside the whole judgment.
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| Price v. State, S05A2039.,
SUPREME COURT OF GEORGIA, January 17, 2006, Decided
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Overview: Evidence was sufficient to enable a rational trier of fact to find defendant guilty beyond a reasonable doubt of felony murder since defendant initially did not claim self defense and later admitted that he stabbed the victim, and the forensic evidence belied defendant's claim of how he wielded a knife.
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| Richardson v. State, A05A2236.,
COURT OF APPEALS OF GEORGIA, January 17, 2006, Decided
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Overview: Even if an informant had no known credibility, a controlled drug buy conducted under the observation of an officer, alone, established probable cause, and a warrant was properly issued. Charge that "slight evidence" connecting defendant to the crime may have been sufficient supporting evidence of the testimony of an accomplice was proper.
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| Robertson v. State, A05A1603.,
COURT OF APPEALS OF GEORGIA, January 17, 2006, Decided
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Overview: Trial court properly found that defendant was not denied the effective assistance of counsel as even assuming, arguendo, that trial counsel was inadequately prepared, defendant failed to show prejudice as he did not show how additional preparation time would have changed the outcome of his trial.
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| Rojas v. State, S05A1644.,
SUPREME COURT OF GEORGIA, January 17, 2006, Decided
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Overview: Pre-autopsy photos of a murder victim were admissible. In any event, the pre-autopsy photo in question was admitted outside jury's presence, and State never used or referred to photo in jury's presence. Trial court properly allowed State to ask crime scene technician why she did not initially discover bloody knife blade found at murder scene.
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| Sawtell Ptnrs, LLC v. Visy Recycling, Inc., A05A1663.,
COURT OF APPEALS OF GEORGIA, January 17, 2006, Decided
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Overview: While a fire on the site occupied by a tenant damaged an owner's property, it did not follow that the tenant's "operation" caused either the fire or the ensuing damage, and the tenant was not liable to the owner under a provision of the agreement making the tenant responsible for damages caused by its operation.
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| Smith v. State, S06A0154.,
SUPREME COURT OF GEORGIA, January 17, 2006, Decided
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Overview: Evidence that defendant had motive and access to murder victim and murder weapon at relevant times and places authorized the jury to find that he was the perpetrator of the murder. Since defense counsel failed to object to ruling denying the jury's request to rehear certain testimony, defendant was not allowed to argue that issue on appeal.
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| State v. Swartz, A05A2081.,
COURT OF APPEALS OF GEORGIA, January 17, 2006, Decided
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Overview: Defendant's sentence was properly reduced under O.C.G.A. § 17-10-6(a) as defendant was initially sentenced to 15 years, even though defendant was to serve five years on probation. The State's claim that defendant's sentence was not subject to review because it followed a probation revocation was rejected.
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| Taetle v. Atlanta Indep. Sch. Sys., S05A1632.,
SUPREME COURT OF GEORGIA, January 17, 2006, Decided
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Overview: Trial court did not err in granting the public school system's summary judgment motion asserting that an arms-length commercial lease agreement between it and a church did not violate Ga. Const. art. I, § 2, para. 7; payments under the lease did not constitute giving monetary aid to the church.
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| Van Detta v. Bd. to Determine Character & Fitness of Bar Applicants, S05O1591.,
SUPREME COURT OF GEORGIA, January 17, 2006, Decided
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Overview: A bar applicant was not entitled to a writ of mandamus to require the state fitness board to withdraw its tentative denial of certification under Ga. Sup. Ct. R. Admis. Prac. L. pt. A because she had an adequate legal remedy in the form of an administrative hearing, a final board decision, and an appeal if the result was undesirable.
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