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| Bell v. State, S06A0550.,
SUPREME COURT OF GEORGIA, April 25, 2006, Decided
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Overview: In a murder prosecution, defendant was not entitled to a charge on voluntary manslaughter under O.C.G.A. § 16-5-2(a). His testimony that he shot the victim because he panicked and was frightened showed, at best, that he was attempting to repel an attack, not that he was so angered that he reacted passionately.
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| Benton v. Benton, S06A0605.,
SUPREME COURT OF GEORGIA, April 25, 2006, Decided.
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Overview: Wife's statement in bankruptcy petition, filed while divorce was pending, that she had no claims for property or alimony was accurate, since her divorce claims were inchoate. Also, wife did not mislead or manipulate bankruptcy court about divorce, since she disclosed it in petition, and judicial estoppel did not preclude her divorce claims.
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| Chapman v. State, S06A0450.,
SUPREME COURT OF GEORGIA, April 25, 2006, Decided
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Overview: Since there was additional admissible evidence, including testimony of friends recounting what the victim said about difficulties with her son, which statements were admissible under necessity exception, a Crawford violation in admitting statements made by victim to officers during investigations of complaints made by victim was harmless.
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| Couch v. Parker, S06A0229. S06A0261.,
SUPREME COURT OF GEORGIA, April 25, 2006, Decided
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Overview: While a group of homeowners lacked standing to appeal consent orders entered by the Director of the Environmental Protection Division of the Department of Natural Resources until she sought to enforce them, they were authorized to sue those directly responsible for polluting their property, irrespective of their right of access to the courts.
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| Davis v. State, S06A0135.,
SUPREME COURT OF GEORGIA, April 25, 2006, Decided
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Overview: Since neither trial counsel, defendant, nor any other witness testified at the motion for a new trial hearing, defendant failed to carry his burden of showing either deficient performance or prejudice in relation to the alleged ineffective assistance of counsel in failing to interview an alibi witness.
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| Dukes v. Board of Trs. for the Police Officers Pension Fund, S06A0155.,
SUPREME COURT OF GEORGIA, April 25, 2006, Decided
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Overview: Board's rescission of retired officer's prior credited service was annulment of an entitlement that had no legal basis and was thus proper. Prior service credit never vested, so board lacked power to award pension based on prior service, and under O.C.G.A. § 45-6-5, retired officer was not allowed to avail himself of the doctrine of estoppel.
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| Edwards v. Lewis, S06A0121.,
SUPREME COURT OF GEORGIA, April 25, 2006, Decided
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Overview: Habeas court erred in determining that an inmate was not entitled to habeas relief without affording him a meaningful opportunity to respond to the State's allegations regarding the jury array and the effective assistance of his counsel, warranting vacation of said award, and an order remanding the matter, allowing him an opportunity to be heard.
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| Findley v. Findley, S06A0424.,
SUPREME COURT OF GEORGIA, April 25, 2006, Decided
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Overview: Because no evidence was presented that alimony afforded a wife under a separation agreement was to continue beyond the obligor spouse's death, the spouse's estate was properly relieved of responsibility for the same. Further, an attorney's fee award to the estate was reversed, as unauthorized under both O.C.G.A. §§ 9-15-14 and 19-6-2.
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| Fortson v. State, S06A0002.,
SUPREME COURT OF GEORGIA, April 25, 2006, Decided
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Overview: Defendant failed to establish that defense counsel's failure to call a witness was ineffective assistance, since, even if witness had testified as defendant claimed, defendant did not establish prejudice, as the testimony did not exonerate him. Counsel's failure to call an alibi witness who was not credible was not ineffective assistance.
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| Glover v. State, S06A0681.,
SUPREME COURT OF GEORGIA, April 25, 2006, Decided
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Overview: Sufficient evidence supported conviction of, inter alia, murder, O.C.G.A. § 16-5-1, where defendant confessed to an officer that he shot and killed his girlfriend and expert testing of blood on defendant's shoe established that it matched the victim's DNA. Jury was free to reject defendant's claim at trial that a third party shot the victim.
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