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| Chatman v. Mancill, S05A1862.,
SUPREME COURT OF GEORGIA, January 30, 2006, Decided
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Overview: A trial court erred in granting habeas corpus relief to an inmate upon finding that his due process rights were violated, as a delay in filing his direct appeal was excessive, but there was no showing that the inmate was prejudiced or that the delay was caused by his appellate counsel's ineffectiveness under the Barker factors.
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| Harvey v. Meadows, S05A1792.,
SUPREME COURT OF GEORGIA, January 30, 2006, Decided
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Overview: A trial court's oral warning to an inmate of the consequences of violating a special condition of probation did not constitute substantial compliance with the statutory requirements of O.C.G.A. § 42-8-34.1(a)(2), as the warning was not also in the written sentencing order; revocation of no more than two years was authorized.
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| Hooks v. State, S05A1744.,
SUPREME COURT OF GEORGIA, January 30, 2006, Decided
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Overview: A trial court properly denied defendant's motion for a new trial with regard to his convictions for malice murder and other crimes, because sufficient evidence existed under O.C.G.A. § 24-4-6 authorizing the jury, as rational triers of fact, to have found defendant guilty beyond a reasonable doubt based on wholly circumstantial evidence.
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| In the Interest of J.D.F., A05A2328.,
COURT OF APPEALS OF GEORGIA, January 30, 2006, Decided
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Overview: Termination of father's parental rights pursuant to O.C.G.A. § 15-11-94 was error. There was not sufficient evidence that deprivation of children was likely to continue. Evidence showed that, though incarcerated, father made effort to complete case plan not designed for him, writing over 40 letters to his children and completing treatment programs.
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| Morris v. State, S06A0169.,
SUPREME COURT OF GEORGIA, January 30, 2006, Decided
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Overview: Where defendant was involved in a dispute with a drug dealer, which resulted in defendant and his co-defendants kidnapping the dealer, taking him to a remote location, and shooting him several times, there was sufficient evidence to support convictions of malice murder, kidnapping, aggravated assault, and a firearm possession charge.
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| Riley v. State, S05A2063.,
SUPREME COURT OF GEORGIA, January 30, 2006, Decided
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Overview: Pursuant to O.C.G.A. § 5-6-48, inmate's untimely application for discretionary review was subject to dismissal; more liberal mailbox rule applied only in case of habeas corpus petitions filed by inmates pro se.
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| Shepherd v. State, S05A1561.,
SUPREME COURT OF GEORGIA, January 30, 2006, Decided
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Overview: Where defendant was found not guilty by reason of insanity of malice murder and he was civilly committed, there was no double jeopardy violation under U.S. Const. amend. V and Ga. Const. art. I, § I, para. XVIII by his sentence to life imprisonment for a felony murder conviction, as the commitment was not punitive in nature.
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| State v. Patel, S06A0299.,
SUPREME COURT OF GEORGIA, January 30, 2006, Decided
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Overview: As evidence showed that a doctor had asked his counsel about the effect of a nolo plea to sexual battery on his future participation in federal health care programs, and that counsel responded with affirmative misrepresentations, which were caused by his failure to perform basic research, habeas court properly allowed doctor to withdraw his plea.
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| Stinchcomb v. State, S05A2003.,
SUPREME COURT OF GEORGIA, January 30, 2006, Decided
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Overview: Where defendant refused to pay the victim, a prostitute, for her services, prompting her to get a gun and fire it into the air, whereupon defendant and a co-defendant fired shots at her as she was leaving, and a bullet from the co-defendant's gun killed her, defendant's convictions for felony murder and aggravated assault were proper.
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| Turner v. State, S05A2009.,
SUPREME COURT OF GEORGIA, January 30, 2006, Decided
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Overview: A trial court properly denied defendant's motion to recuse the judge who was presiding over her criminal murder trial, as a sufficient showing that the judge was impartial or biased due to his relationships or source of knowledge as to a prior murder trial against defendant was not made for purposes of Ga. Code Jud. Conduct Canon 3(E).
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