Constitutional Law - Privacy - Legislative Power - "Victimless" Crimes. The Supreme Court, striking down the Georgia sodomy law, upheld a right of personal privacy founded in natural law that is more extensive than the similar right recognized under the federal constitution. The right includes the freedom to enjoy all of one's faculties, to define one's own circle of intimacy, and to engage in consensual non-commercial sex in private between persons legally capable of consenting. The state retains the right to protect others from non-consensual sex and exposure to public acts, and other aspects of public morality. Exercises of the police power must be justified by some public benefit or need, and may not be justified simply because a majority of the state's citizens support a particular moral standard. Powell v. State, 270 Ga. 327 (1998). Left open are whether laws on adultery, fornication, incest, drug possession, and a variety of "victimless" crimes are subject to constitutional attack.

Attorney-Client - Authority to Settle. An attorney retains apparent authority to settle the client's case even after the client discharges the attorney, until notice of that discharge is conveyed to the opposing party. Clark v. Perino, 235 Ga. App. 444 (1998).

Discovery - Privilege - Waiver. When one party sends requests for production of documents to a non-party psychiatrist under OCGA § 9-11-34(c), the other party waives the psychiatrist-patient privilege by failing to file an objection within 10 days as required by the rule. Price v. State Farm Mut. Auto. Ins. Co., 235 Ga. App. 792 (1998).

Professional Negligence - Affidavits. Reversing a case noted here earlier, a § 9-11-9.1 affidavit that is not signed in the presence of a notary public is an amendable defect. Phoebe Putney Memorial Hosp. v. Skipper, 235 Ga. App. 534 (1998).

Georgia Tort Claims Act - Discretionary Function. Despite the Supreme Court's holding that the Georgia Tort Claims Act's exception for discretionary functions was limited to basic governmental policy decisions, the Court of Appeals has applied the exception to a foster parent's placing a two-year old child in a pool and then failing to supervise the child, who drowned. Brantley v. Dept. of Human Resources, 235 Ga. App. 863 (1999).

Child Support Modification. A substantial upward change in the paying spouse's income requires a trial court to consider changing the level of child support under the guidelines even in absence of evidence that the child needs additional support. Wingard v. Paris, 270 Ga. 439 (1999).

Secured Transactions. A purchase money security interest prevails over previously perfected security interests if it is perfected within 15 days after the "debtor" takes "possession" of the collateral. When the debtor takes possession for purposes of this rule depends on numerous variables of the transaction, as discussed in Citizens Bank of Americus v. Federal Financial Services, Inc., 235 Ga. App. 482 (1998) (sale after debtor possessed equipment for trial period).

Criminal Law - Victim's Conduct. Neither the state nor the defense need give prior notice of difficulties between the defendant and the victim in criminal cases, despite U.S.C.R. 31.1 and 31.6, though both must give such notice in cases of acts of the victim involving third parties. Owens v. State, 270 Ga. 199 (1998). Nor need the defense give notice of the victim's prior bad acts, if those acts were not directed at a third person. Smith v. State, 270 Ga. 240 (1998).

Criminal - Guilty Pleas. All state courts must produce a verbatim record of guilty plea hearings in which a defendant is sentenced to a term of imprisonment to prove a knowing waiver of the defendant's rights. King v. State, 270 Ga. 367 (1998).