Supreme Court of Georgia, 2006

The Court held that statutory rape and incest did not merge into rape because each required proof of facts not required to prove rape. It overruled the “actual evidence” test and adopted the “required evidence” test for deciding whether one offense is included in another under Georgia law; because a merger argument…

The Supreme Court of Georgia reversed the trial court’s order voiding the settlement‑agreement provision that waived the husband’s right to a downward modification of child support, holding that the waiver was enforceable and that child support must be calculated at 28 percent of the husband’s gross income.