Court Opinions

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Recent opinions released by Georgia's Appellate courts
Wright v. Waterberg Big Game Hunting Lodge Otjahewita (Pty) Ltd., A14A2130
Georgia Court of Appeals, Civil Case (12/18/2014, 1/27/2015)
CONTRACTS: Breach of Contract, Third-Party Beneficiary, Fair Business Practices Act
The trial court erred in dismissing the plaintiff's breach of contract claim against an African safari company after the company canceled portions of a hunting trip the plaintiff won in an auction for a charitable organization.
Burton v. State, A14A1864
Georgia Court of Appeals, Criminal Case (12/18/2014, 1/27/2015)
CRIMINAL PRACTICE: Criminal Damage to Property, Discovery, Statement
The trial court did not abuse its discretion in denying the defendant's motions for mistrial based on the State's failure to produce certain witness statements and its untimely disclosure of the defendant's custodial statement.
Rodriguez v. State, A12A2397
Georgia Court of Appeals, Criminal Case (12/18/2014, 1/27/2015)
CRIMINAL PRACTICE: Search & Seizure
The Supreme Court vacated the Court of Appeals' judgment, as the Court of Appeals should have immediately transferred the case to the Supreme Court rather than rendering a decision, since its 12 judges were equally divided.
Brown v. State, A14A2284
Georgia Court of Appeals, Criminal Case (12/16/2014, 1/26/2015)
CRIMINAL PRACTICE: Search & Seizure
No exigent circumstances supported the warrantless search of the defendant's cell phone, which gave rise to 12 charges of possessing a lewd depiction of a minor child against him.
Georgia Dep't of Community Health v. Northside Hosp. Inc., A13A0936; A13A0937
Georgia Court of Appeals, Civil Case (12/16/2014, 1/26/2015)
HEALTH LAW: Certificate of Need
Georgia Comp. R. & Regs. R. 111-2-2-.40 (1) (a)'s provision for a case-by-case review of whether an ambulatory surgery service is "part of a hospital" is not unconstitutionally vague.
Staley v. State, A14A1582
Georgia Court of Appeals, Criminal Case (12/18/2014, 1/26/2015)
CRIMINAL PRACTICE: Burglary, Armed Robbery, Aggravated Assault, False Imprisonment, Firearms Offense, Jury Charges, Effective Assistance of Counsel
The trial court's unobjected-to charge to the jury on aggravated assault, which incorrectly suggested that a person assaulting with a deadly weapon must also have the intent to murder, rape or rob, did not constitute plain error.
Fulton Cnty. v. Dillard Land Invs. LLC, A13A0562
Georgia Court of Appeals, Civil Case (12/16/2014, 1/26/2015)
REAL PROPERTY: Condemnation
A condemnor is not entitled to unilaterally voluntarily dismiss a condemnation action once the special master renders his award valuing the property at issue.
Nwakanma v. State, S14A1442; S14A1443
Supreme Court of Georgia, Criminal Case (1/20/2015, 1/23/2015)
CRIMINAL PRACTICE: Murder, Severance, Juror Qualification, Voir Dire
The defendants were among a group of armed gunmen who entered an apartment complex to rob a man with whom one of them had a dispute and shot towards another group of men, fatally hitting one of them.
McNeely v. State, S14A1570
Supreme Court of Georgia, Criminal Case (1/20/2015, 1/23/2015)
CRIMINAL PRACTICE: Attempt to Elude an Officer, Murder, Sentencing, Merger, Party to Crime, Cruelty to Children
The defendant's underlying felony of fleeing and eluding should have merged with her felony murder and feticide convictions for purposes of sentencing.
Grove v. Grove, S14F1887
Supreme Court of Georgia, Civil Case (1/20/2015, 1/23/2015)
FAMILY LAW: Grandparents' Visitation Rights
The wife waived her arguments on appeal regarding the award of visitation to the paternal grandparents of the parties' 2-year-old child.
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