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| Johnson v. Smith, S06A0122.,
SUPREME COURT OF GEORGIA, February 13, 2006, Decided
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Overview: Because an inmate was not advised at a plea hearing of his right to confront witnesses and to avoid self-incrimination by either his attorney or the sentencing court, he did not make a knowing and intelligent waiver of those rights; therefore, the trial court erred by denying the inmate's petition for habeas corpus.
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| Lee v. Thomason, A05A1945.,
COURT OF APPEALS OF GEORGIA, February 13, 2006, Decided
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Overview: Evidence that driver two's truck was in the proper lane at the time that he ran a red light and that it was not swerving constituted evidence from which the jury could have concluded that driver two consciously ran the red light; thus, trial court did not err by denying driver two's motion for a new trial based on his loss of consciousness defense.
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| Maddox v. State, A06A0107.,
COURT OF APPEALS OF GEORGIA, February 13, 2006, Decided
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Overview: Defendant's convictions for aggravated assault of the male victim with the intent to rob and aggravated assault of the male victim with a deadly weapon did not rely on distinct criminal acts. Since the same facts were used to prove both crimes, the different crimes merged as a matter of fact for sentencing purposes.
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| Mills v. State, S06A0090.,
SUPREME COURT OF GEORGIA, February 13, 2006, Decided
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Overview: Verdicts convicting an accused of both felony murder, in violation of O.C.G.A. § 16-5-1, and vehicular homicide, under O.C.G.A. § 40-6-393, were not mutually exclusive because the crimes were based on distinct underlying acts, one of which was driving at the victim's vehicle and the other of which was changing lanes when it was not safe to do so.
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| Morrison v. State, S05G1136, S05G1147.,
SUPREME COURT OF GEORGIA, February 13, 2006, Decided
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Overview: Interstate Agreement on Detainers, O.C.G.A. § 42-6-20 et seq., neither granted nor divested a trial court's jurisdiction. Thus, despite the fact that drug and firearm charges filed against a defendant detainee were not listed in the detainer, said convictions were upheld on appeal.
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| R. D. Brown Contrs., Inc. v. Bd. of Educ. of Columbia County, S05A1422.,
SUPREME COURT OF GEORGIA, February 13, 2006, Decided
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Overview: Trial court did not improperly rely on a determination that a contractor would unlikely prevail on the merits in denying its petition for an interlocutory injunction, as a school board acted within its powers in accepting, albeit late, the lowest bidder's list of subcontractors, when it held that said list was immaterial and could be waived.
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| Robbins v. State, A06A0011.,
COURT OF APPEALS OF GEORGIA, February 13, 2006, Decided
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Overview: Trial court did not err in finding two prior transactions were sufficiently similar to rape charged against defendant where all three attacks were committed by force against women who were either asleep or alone and whom defendant knew or had previously seen and occurred during the evening or at night and after defendant had been drinking.
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| Smith v. State, S05A1873.,
SUPREME COURT OF GEORGIA, February 13, 2006, Decided
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Overview: Defendant's felony murder and firearms possession charge were both upheld, given the expert testimony in analyzing the physical evidence, that the fatal gunshot had come from inside the motel room where defendant was living, and that defendant had gunshot residue on his hands. Further, the inconsistent verdict rule no longer applied in Georgia.
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