GA 16-5-43 - GA 16-5-43

JUDICIAL DECISIONS Convictions did not merge as a matter of fact. - Defendant's convictions for false swearing under O.C.G.A. § 16-10-71 , proven by evidence that defendant made false statements in an affidavit seeking an involuntary commitment order for the victim, and malicious confinement under O.C.G.A. § 16-5-43 , supported by proof apart from the execution of the false affidavit, did not merge as a matter of fact. Washington v. State, 271 Ga. App. 764 , 610 S.E.2d 692 (2005). Failure to raise void for vagueness claim not deficient performance. - Trial counsel's failure to raise a novel legal argument, that O.C.G.A. § 16-5-43 was unconstitutionally vague, did not amount to ineffective assistance of counsel. Washington v. State, 271 Ga. App. 764 , 610 S.E.2d 692 (2005). Failure to hire ...