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 an expert.

- Trial counsel was not ineffective for failing to hire an expert to testify to the detrimental effects of cocaine use in a trial in which defendant was charged with violating O.C.G.A. § 16-5-43 after swearing in an affidavit that the victim was suicidal and was using crack cocaine; the relevant consideration was what defendant knew or could show concerning the victim's mental state at the time defendant had the victim confined because the defendant had not seen the victim for several months and could not have observed the victim on the date or during the time frame stated in the affidavit. Washington v. State, 271 Ga. App. 764, 610 S.E.2d 692 (2005).

C.J.S.

- 35 C.J.S., False Imprisonment, §§ 21, 23, 24.

ALR.

- Civil liability of judicial officer for false imprisonment, 55 A.L.R. 282; 173 A.L.R. 802.

Right, without judicial proceeding, to arrest and detain one who is, or is suspected of being, mentally deranged, 92 A.L.R.2d 570.