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| Alexander Props. Group, Inc. v. Doe, S05A1992.,
SUPREME COURT OF GEORGIA, February 13, 2006, Decided
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Overview: In a civil premises liability action arising from a sexual assault on a minor, in which a manager sought production of a videotape of the assault made by the assailants, O.C.G.A. § 16-12-100(b)(5) did not criminalize the act of producing the tape in response to a court order or a request for discovery, and trial court erred in holding otherwise.
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| Bandy v. Elmo, S05A2020.,
SUPREME COURT OF GEORGIA, February 13, 2006, Decided
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Overview: Where superior court's ruling was directed solely to will construction issue placed before it by removal under O.C.G.A. § 53-7-75, after which the case was returned to probate court, superior court order was not final judgment, and since daughter failed to comply with O.C.G.A. § 5-6-34(b) procedures, appellate court was without jurisdiction.
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| EHCA Cartersville, LLC v. Turner, S05A1560, S05A2066.,
SUPREME COURT OF GEORGIA, February 13, 2006, Decided
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Overview: While O.C.G.A. § 9-10-31 violated Ga. Const. art. VI, § II, para. IV, O.C.G.A. § 9-10-31.1(a) vested power to change venue in the court, and not in a defendant, as did O.C.G.A. § 9-10-31(c). Thus, O.C.G.A. § 9-10-31.1(a) was a constitutional under Ga. Const. art. VI, § II, para. VIII, and did not violate Ga. Const. art. VI, § II, para. IV.
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| English v. Ricart, S05A1858.,
SUPREME COURT OF GEORGIA, February 13, 2006, Decided
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Overview: Before will was probated, O.C.G.A. §§ 53-11-5, 53-11-10(a) provided probate court with discretion to extend time for filing of responses or objections to will in order to preserve interests of justice. This allowed a probate court to extend a widow's time in which to object or raise her claim under O.C.G.A. § 53-4-48 before probate of will.
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| Formal Advisory Opinion 04-1, S05U1720.,
SUPREME COURT OF GEORGIA, February 13, 2006, Decided
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| Gabriel v. State, S06A0259.,
SUPREME COURT OF GEORGIA, February 13, 2006, Decided
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Overview: Defendant shooting blindly proved felony murder. Non-custodial statements were admissible, and he was entitled to no relief, under O.C.G.A. § 17-16-1 et seq., when the State did not reveal alleged crime scene photos adding nothing to the evidence, or when an undisclosed witness was called, as he did not seek a continuance or voir dire the witness.
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| In the Matter of Bast, S06Y0661.,
SUPREME COURT OF GEORGIA, February 13, 2006, Decided
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| In the Matter of Peebles, S05Y2095, S05Y2096, S05Y2097, S05Y2098, S05Y2099, S05Y2100.,
SUPREME COURT OF GEORGIA, February 13, 2006, Decided
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Overview: An attorney was disbarred for his pattern of forging clients' signatures to settlement checks, converting their proceeds to his personal use, and not responding to notices of investigation, contrary to Ga. St. Bar R. 4-102(d):1.15(I), 1.15(II), 8.4, and 9.3, and for not pursuing and abandoning cases in which he was retained to represent clients.
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| In the Matter of Porges-Dodson, S06Y0604.,
SUPREME COURT OF GEORGIA, February 13, 2006, Decided
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Overview: Because an attorney pleaded guilty to unlawful conversion of government property, and because the attorney had previously been suspended for mishandling her escrow account, a special master's recommendation of a four-year suspension was too lenient; therefore, the attorney was disbarred for violating Ga. St. Bar R. 4-102(d):8.4(a)(3).
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