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| LeBlanc v. State, A07A0618.,
COURT OF APPEALS OF GEORGIA, February 5, 2007, Decided
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Overview: Kidnapping with bodily injury conviction was upheld on appeal, as evidence of a prior difficulty between defendant and the victim was properly admitted to show state of mind and motive, an attempt to hire a hit man clearly related to defendant's state of mind, and the examination of a reluctant witness who lost his memory was properly conducted.
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| McCoy v. McCoy, S06F1570.,
SUPREME COURT OF GEORGIA, February 5, 2007, Decided
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Overview: Despite a husband's claim that the parties had reconciled, because he continued with the divorce proceedings instead of notifying the court of said reconciliation, the court was authorized to divorce the parties on grounds that the marriage was irretrievably broken. Further, the amount of child support and alimony awarded was not excessive.
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| McMahon v. State, A06A2213.,
COURT OF APPEALS OF GEORGIA, February 5, 2007, Decided
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Overview: Amended restitution order, which considered both defendant's financial condition and probable future earning capacity, was upheld on appeal, as said order excluded any amount arising out of counts on which defendant was acquitted but included the total amount of damages which the victim could recover in a civil action.
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| Merry v. Williams, S06A1690.,
SUPREME COURT OF GEORGIA, February 5, 2007, Decided
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Overview: Under the law applicable to the county, abstentions by county commissioners were held not to be counted as either affirmative or negative votes, therefore, a citizen challenging the method a mayor counted votes of the commission was upheld and the citizen was not entitled to declaratory relief.
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| Norris v. Norris, S06A1524, S06X1525.,
SUPREME COURT OF GEORGIA, February 5, 2007, Decided
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Overview: Where divorced parties entered a settlement agreement that provided for the husband to pay college expenses for the parties' son, which agreement was incorporated into the divorce decree, and the only limitation was based on the amount of in-state tuition, the trial court erred in imposing an 11-semester limitation on that obligation.
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| Page v. Baylard, S06A1833.,
SUPREME COURT OF GEORGIA, February 5, 2007, Decided
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Overview: Under the clear terms of the parties' separation agreement, because a wife failed to consult with a husband before enrolling the parties' child in a long-term residential treatment facility, which qualified as a major expenditure, and such enrollment was not an emergency, the husband was not liable for half the costs associated with the same.
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| Roquemore v. Burgess, S06A2014.,
SUPREME COURT OF GEORGIA, February 5, 2007, Decided
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Overview: In a contempt action brought by an ex-wife to enforce a provision of a divorce decree, a trial court exceeded its authority by ordering the ex-husband to sell the marital home to pay the ex-wife $ 15,000 since the divorce decree did not require a sale and did not specify a time that the payment was to be made to the ex-wife.
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| Smith v. Stacey, S06A2145.,
SUPREME COURT OF GEORGIA, February 5, 2007, Decided
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Overview: Trial court did not err in admitting evidence that was cumulative to properly admitted evidence showing a legal property owner's record title, and said evidence was not hearsay as alleged. Further, said evidence was relevant to the issue of whether a claimant's adverse possession ripened into title by prescription.
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| Stinski v. State, S06A1455.,
SUPREME COURT OF GEORGIA, February 5, 2007, Decided
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Overview: Amended discovery procedure under O.C.G.A. § 17-16-1 et seq. was binding upon a defendant who elected to participate before the amendment, and it was not unconstitutional. It imposed reciprocal discovery upon the State, and any difference in the scope of mitigating evidence and the scope of aggravating evidence was too minimal to be significant.
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| Tucker v. State, A06A2102.,
COURT OF APPEALS OF GEORGIA, February 5, 2007, Decided
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Overview: Because: (1) defendant failed to raise a challenge to the sufficiency of an indictment charging her with forgery by special demurrer, but rather filed a motion for a directed verdict; and (2) she admitted to possessing, endorsing, and uttering a check belonging to the victim, the trial court did not err in denying her motion for a directed verdict.
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