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Recent opinions released by Georgia's Appellate courts
Spencer v. State, A14A0268
Georgia Court of Appeals, Criminal Case (7/8/2014, 7/24/2014)
CRIMINAL PRACTICE: Armed Robbery, Aggravated Assault, Statement, Jury Charges, Right to Remain Silent
Although the defendant had smoked marijuana approximately seven hours prior to a police interview, the evidence showed that he was no longer under the influence at the time of the interview and thus his custodial statement was voluntary.
915 Indian Trail LLC v. State Bank & Trust Co., A14A0415
Georgia Court of Appeals, Civil Case (7/3/2014, 7/24/2014)
CREDITORS AND DEBTORS RIGHTS: Priority of Liens
The plaintiff bank met the prima facie requirement for establishing the right to equitable subrogation by establishing that it was the assignee of the loan that paid off the senior lien on the property at issue.
Smith v. Tenet Health Sys. Spalding Inc., A14A0366
Georgia Court of Appeals, Civil Case (7/7/2014, 7/24/2014)
TORTS: Slip & Fall, Negligence, Premises Liability
The plaintiff's inability to personally testify as to what caused her to slip and fall was not fatal to her lawsuit because other evidence permitted an inference as to the cause.
Adame v. Hernandez, A14A0150
Georgia Court of Appeals, Civil Case (7/7/2014, 7/24/2014)
FAMILY LAW: Child Support, Child Custody
The trial court erred in modifying the father's existing child support obligation without making the required findings.
Callaway v. Goodwin, A14A0357
Georgia Court of Appeals, Civil Case (7/7/2014, 7/24/2014)
CIVIL PRACTICE: Service of Process, Dismissal
The trial court erred in finding that the plaintiff lacked due diligence in serving the defendant.
Simon v. State, A14A0276
Georgia Court of Appeals, Criminal Case (7/8/2014, 7/24/2014)
CRIMINAL PRACTICE: Robbery by Intimidation
The evidence did not support the defendant's conviction for robbery by intimidation, since the record did not show that the defendant used threats or coercion to induce the victims to give up the property at issue.
Weldon v. State, A14A0135
Georgia Court of Appeals, Criminal Case (7/7/2014, 7/24/2014)
CRIMINAL PRACTICE: Armed Robbery, Aggravated Assault, Identification, False Name, Right to Fair Trial
The trial court did not deprive the defendant of his Sixth Amendment right to a fair trial when it required him to wear an electronic security device under his clothing during the trial.
Ford-Calhoun v. State, A14A0343
Georgia Court of Appeals, Criminal Case (7/3/2014, 7/23/2014)
CRIMINAL PRACTICE: Armed Robbery, Aggravated Assault, False Imprisonment, Jury Charges
The evidence did not support a finding that the defendant committed aggravated assault by pointing a gun at the victim, since the victim testified that she never saw a gun in the defendant's possession.
Davis v. Effingham Cnty. Bd. of Comm'rs, A14A0292
Georgia Court of Appeals, Civil Case (7/1/2014, 7/23/2014)
TORTS: Negligence, Nuisance, Immunity
The trial court properly granted summary judgment to the county defendants in a lawsuit for damages allegedly suffered when the plaintiff's truck struck a pothole on a county-maintained road.
Wheeler v. Akins, A14A0075; A14A0076
Georgia Court of Appeals, Civil Case (7/3/2014, 7/23/2014)
FAMILY LAW: Child Custody, Child Support, Modification, Visitation Rights
The mother's child support obligation was improperly modified retroactively, since the arrearage amount determination included a time period prior to the order for her to begin child support payments.
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