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Recent opinions released by Georgia's Appellate courts
Chavez v. State, A14A0966
Georgia Court of Appeals, Criminal Case (10/3/2014, 10/22/2014)
CRIMINAL PRACTICE: Effective Assistance of Counsel, Burden of Proof, Closing Argument, Jury Charges
The defendant failed to prove his ineffective assistance of trial counsel claims after he was convicted of rape, aggravated sexual battery, aggravated child molestation and child molestation.
In the Matter of Perry D. Ellis, S15Y0029
Supreme Court of Georgia, Civil Case (10/20/2014, 10/22/2014)
LEGAL PROFESSION: Review Panel Reprimand
The Supreme Court accepted an attorney's petition for voluntary discipline and imposed a Review Panel reprimand in connection with the attorney's failure to properly supervise a non-lawyer staff member.
In the Matter of Kenneth H. Schatten, S14Y1733
Supreme Court of Georgia, Civil Case (10/20/2014, 10/22/2014)
LEGAL PROFESSION: Review Panel Reprimand, Fee Dispute
The Supreme Court accepted an attorney's petition for voluntary discipline and imposed a Review Panel reprimand.
In the Matter of William C. Lea, S14Y0625
Supreme Court of Georgia, Civil Case (10/20/2014, 10/22/2014)
LEGAL PROFESSION: Suspension
A divided Supreme Court imposed a 3-year suspension on an attorney for his misconduct in two clients' legal matters.
Gonzalez v. Georgia Dep't of Transp., A14A1203
Georgia Court of Appeals, Civil Case (10/6/2014, 10/22/2014)
GOVERNMENT: Immunity
The trial court was required to address the threshold issue of whether the defendant was entitled to sovereign immunity before reaching the merits of the plaintiff's negligence claims.
Rodriguez-Nova v. State, S14A0808
Supreme Court of Georgia, Criminal Case (9/22/2014, 10/22/2014)
CRIMINAL PRACTICE: Murder, False Imprisonment, Effective Assistance of Counsel, Jury Charges, Battery, Aggravated Battery, Aggravated Assault, Voluntary Manslaughter
A 911 call can be authenticated by the testimony of one party to the recorded conversation, and the inability of the 911 operator in question to understand the Spanish portions of the recorded conversation went only to the weight to be given to her testimony.
Georgia Reg'l Transp. Auth. v. Foster, A14A1767
Georgia Court of Appeals, Civil Case (10/10/2014, 10/21/2014)
CIVIL PRACTICE: Statute of Limitation
The 2-year statute of limitation barred the plaintiff's personal injury action against the Georgia Regional Transportation Authority.
Boston v. Athearn, A14A0971
Georgia Court of Appeals, Civil Case (10/10/2014, 10/21/2014)
TORTS: Negligent Supervision, Defamation
A reasonable jury could find that the defendant-parents failed to exercise due care in supervising and controlling their 13-year-old son's use of their computer and Internet account after learning that he posed as a classmate to create a Facebook profile and posted false, profane and ethnically offensive statements and photographs in that forum.
Thomas v. Summers, A14A1172
Georgia Court of Appeals, Civil Case (10/8/2014, 10/20/2014)
CREDITORS AND DEBTORS RIGHTS: Suit on Note
The defendants' evidence raised a material issue of fact regarding their defense of accord and satisfaction in the plaintiff's action to recover on a promissory note.
Pennington v. Gwinnett Cnty., A14A0999
Georgia Court of Appeals, Civil Case (10/9/2014, 10/20/2014)
REAL PROPERTY: Inverse Condemnation
Inverse condemnation does not apply where the complaining party does not have a valid property interest taken.
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