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Recent opinions released by Georgia's Appellate courts
Carr-MacArthur v. Carr, S14A1194
Supreme Court of Georgia, Civil Case (10/20/2014, 10/24/2014)
FAMILY LAW: Child Custody, Child Support
A custodial parent's voluntary surrender of physical custody can constitute a material change in conditions warranting a change of custody.
Hulett v. State, S14P0819
Supreme Court of Georgia, Criminal Case (10/20/2014, 10/24/2014)
CRIMINAL PRACTICE: Death Sentence, Sentencing, Merger, Murder, Aggravated Assault, Armed Robbery, Firearms Offense, Effective Assistance of Counsel
The Supreme Court affirmed the defendant's death sentences, finding that they were not imposed under the influence of passion, prejudice or any other arbitrary factor and that they were not disproportionate punishment within the meaning of Georgia law.
Faulks v. State, S14A1339
Supreme Court of Georgia, Criminal Case (10/20/2014, 10/24/2014)
CRIMINAL PRACTICE: Murder, Firearms Offense, Indictment, Jury Charges, Effective Assistance of Counsel
The trial court did not err in charging the jury on forms of aggravated assault other than that charged in the indictment.
Lawson v. State, S14A0804; S14A0805
Supreme Court of Georgia, Criminal Case (10/20/2014, 10/24/2014)
CRIMINAL PRACTICE: Murder, Effective Assistance of Counsel
The defendants failed to show that their respective attorneys were deficient in not objecting to the introduction of investigative summaries attached to the medical examiner's reports on the victims, which omitted the second of three pages.
State v. Walker, S13G1793
Supreme Court of Georgia, Criminal Case (10/20/2014, 10/24/2014)
CRIMINAL PRACTICE: Search & Seizure, Flight
The officer's command to the defendant to remove his hands from his pockets did not constitute a seizure, since the defendant did not submit to the officer's show of authority, instead choosing to flee and discarding crack cocaine and a pipe in the process.
State v. Outen, S14G0390
Supreme Court of Georgia, Criminal Case (10/20/2014, 10/23/2014)
CRIMINAL PRACTICE: Indictment, Vehicular Homicide, Reckless Driving, Statute of Limitation, Jurisdiction
The State failed to file an indictment charging the defendant with first degree vehicular homicide within the applicable 4-year statute of limitation period.
Wingate v. State, S14A1054
Supreme Court of Georgia, Criminal Case (10/20/2014, 10/23/2014)
CRIMINAL PRACTICE: Murder, Armed Robbery, Search & Seizure, Effective Assistance of Counsel
The evidence supported the high school student's convictions for the murder and armed robbery of his godfather.
Ray v. Stevens, S14A0767
Supreme Court of Georgia, Civil Case (10/20/2014, 10/23/2014)
CIVIL PRACTICE: Standing
The decedent's brother lacked standing to offer the decedent's will for probate pursuant to O.C.G.A. § 53-5-2.
Russell v. State, S14A0795
Supreme Court of Georgia, Criminal Case (10/20/2014, 10/23/2014)
CRIMINAL PRACTICE: Murder, Jury Charges, Voluntary Manslaughter, Mistrial, Curative Instruction
The evidence did not support a jury charge on voluntary manslaughter in the defendant's trial for killing his estranged wife and another woman.
Miller v. State, S14A0878
Supreme Court of Georgia, Criminal Case (10/20/2014, 10/23/2014)
CRIMINAL PRACTICE: Murder, Firearms Offense, Effective Assistance of Counsel
Two eyewitnesses who knew the defendant personally identified him as the gunman who fatally shot the victim in the back of the head.
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