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| Marathon Inv. Corp. v. Spinkston, S07A0523.,
SUPREME COURT OF GEORGIA, April 24, 2007, Decided
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Overview: Because the property sold at a tax sale was exempt, as a place of religious worship, and no one authorized to receive notice of said sale ever received notice, the trustees' due process rights were violated and the tax sale in favor of a successful bidder was deemed void. Further, the exception to the tender requirement applied.
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| McConnell v. Wright, S06G2026.,
SUPREME COURT OF GEORGIA, April 24, 2007, Decided
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Overview: When a couple failed to attend their depositions, it was error to dismiss their personal injury case under O.C.G.A. § 9-11-37 without holding a hearing on the issue of willfulness. No motion to compel had been filed, no hearing had previously been held, and the record supported a finding that the couple had acted negligently, not willfully.
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| Rieffel v. Rieffel, S07F0093.,
SUPREME COURT OF GEORGIA, April 24, 2007, Decided
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Overview: Because the trial court considered the necessary relevant factors in awarding alimony, including the wife's absence from the labor market to raise six children, and given the financial statements of both parties, neither the alimony award or an award of attorney's fees to the wife was excessive, no abuse of discretion resulted from either award.
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| Roper v. State, S07A0322.,
SUPREME COURT OF GEORGIA, April 24, 2007, Decided
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Overview: When defendant claimed that he shot the victim solely in defense of himself, a charge based upon the defense of third persons was not authorized, and defense counsel was not ineffective in not objecting or requesting a more expansive instruction. The jury was free to reject the self-defense claim.
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| Stokes v. State, S07A0163., S07A0164., S07A0165.,
SUPREME COURT OF GEORGIA, April 24, 2007, Decided
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Overview: The trial court properly denied a request for a charge regarding a witness testifying under a grant of immunity or a promise of no prosecution. The charge was at least partially inapt because no witness had been granted immunity, and it was proper to deny a partially inapt charge.
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| Waits v. State, S07A0469.,
SUPREME COURT OF GEORGIA, April 24, 2007, Decided
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Overview: The evidence supported defendant's convictions of aggravated assault, aggravated battery, cruelty to children, and reckless conduct in connection with the death of an infant. The victim's death was consistent with violent shaking, and there was evidence that defendant had caused the child to have allergic reactions and had failed to supervise him.
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