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| Amend v. 485 Props., S05Q1462.,
SUPREME COURT OF GEORGIA, March 13, 2006, Decided
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Overview: In response to a certified question by a federal appellate court, the court held that, under Georgia law, procuring cause was a necessary element of a quantum meruit claim brought by a real estate broker. To the extent that other Georgia cases held otherwise, they were overruled.
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| Bassett v. Jasper Banking Co., A05A1807.,
COURT OF APPEALS OF GEORGIA, March 13, 2006, Decided
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Overview: Summary judgment to a bank in a borrower's action alleging claims of fraud and wrongful foreclosure in connection with a loan transaction was error where genuine issues of material fact existed as to whether the bank officers materially misrepresented loan terms and whether the borrower was excused from reading the documents due to blindness.
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| Brown & Williamson Tobacco Corp. v. Gault, S05Q1465.,
SUPREME COURT OF GEORGIA, March 13, 2006, Decided
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Overview: Punitive damages served public interest and were intended to protect the public, and when the state sought punitive damages in prior suit it did so as parens patriae, representing interests of all Georgia citizens. State and administrator were privies in prior case, and release barred punitive damages in later case pursuant to res judicata.
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| Daniels v. State, A05A2145.,
COURT OF APPEALS OF GEORGIA, March 13, 2006, Decided
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Overview: A trial court properly denied suppression of evidence seized pursuant to a search warrant, as there was probable cause for issuance of the warrant based on testimony from the child victim as well as others, and the warrant stated with sufficient particularity the location to be searched and the items to be seized.
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| Delacruz v. State, S05A2071, S05A2073.,
SUPREME COURT OF GEORGIA, March 13, 2006, Decided
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Overview: Felony murder and cruelty to children convictions were supported by evidence that the father regularly beat his child with belt, was aware that the child experienced seizures before the night in question, that he saw her in extreme distress that night but offered no assistance, and took no action to procure medical care until the next morning.
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| Dickens v. State, S05A2077.,
SUPREME COURT OF GEORGIA, March 13, 2006, Decided
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Overview: Because defendant neither called witness who was not called at trial to testify at motion for new trial hearing nor presented legally acceptable substitute for witness's direct testimony, it was impossible for her to show there was reasonable probability results would have been different, and claim of ineffective assistance of counsel failed.
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| Harris v. State, S05A1519.,
SUPREME COURT OF GEORGIA, March 13, 2006, Decided
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Overview: Trial court properly refused to charge jury on voluntary manslaughter under O.C.G.A. § 16-5-2(a) where defendant shot his victim to death, but claimed that he was provoked by a beating administered to defendant by the victim one month earlier. The fact that defendant had not seen the victim in the month since the beating was irrelevant.
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| In the Interest of A.H., A05A2170.,
COURT OF APPEALS OF GEORGIA, March 13, 2006, Decided
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Overview: Deprivation of a mother's children was likely to continue or cause harm, and thus, termination of mother's parental rights under O.C.G.A. § 15-11-94 was justified, since the facts showed that the mother had failed to complete the reunification plan, failed to complete drug treatment, had repeated incarcerations, and failed to support her children.
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| Jackson County v. Earth Res., Inc., S05A1653.,
SUPREME COURT OF GEORGIA, March 13, 2006, Decided
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Overview: Jackson County, Ga., Zoning Ordinance left the county board with discretion concerning applications for special use permits, and thus grant of mandamus was proper only if denial of permit was gross abuse of discretion. As record supported the board's decision to deny the special use permit, the trial erred in ordering that the board issue it.
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| Maddox v. State, A05A2169.,
COURT OF APPEALS OF GEORGIA, March 13, 2006, Decided
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Overview: Because defense counsel received oral notice under O.C.G.A. § 17-10-2 months before trial that the State would seek recidivist punishment and counsel reviewed defendant's prior convictions, defendant was properly sentenced; ample evidence indicated that defendant's confession was voluntary and that he did not require a psychiatric evaluation.
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