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Recent opinions released by Georgia's Appellate courts
Wilson v. State
Supreme Court of Georgia, Criminal Case (4/22/2014, 4/24/2014)
CRIMINAL PRACTICE: Murder, Closing Argument, Right to Remain Silent; EVIDENCE: Hearsay Exception
The trial court did not abuse its discretion in taking appropriate corrective measures rather than granting a mistrial after the prosecutor said in closing argument that the defendant's failure to contact the police after the crime was evidence of his guilt. S14A0100
In Re: Estate of Lorraine McKitrick
Georgia Court of Appeals, Civil Case (3/28/2014, 4/24/2014)
ATTORNEYS FEES: Retainer Agreement, Expenses of Litigation; CONTRACTS: Ambiguity; LEGAL PROFESSION: Fee Dispute; APPEALS: Transcript
The parties' ambiguous fee agreement contemplated an hourly rate for legal fees, since the agreement included provisions regarding an escrow account and billing statements, which would not have been necessary if the parties had contemplated a flat fee. A13A2351
Gibson Technical Svcs. Inc. v. JPay Inc.
Georgia Court of Appeals, Civil Case (3/28/2014, 4/24/2014)
CONTRACTS: Fraud
The plaintiff did not show that the defendant made false representations with present intent not to perform regarding payment for the installation of wireless networks and media kiosks in numerous correctional facilities . A13A2251
State v. Leatherwood
Georgia Court of Appeals, Criminal Case (4/1/2014, 4/24/2014)
CRIMINAL PRACTICE: Demurrers, Accusation
Although the battery-family violence, battery and criminal trespass counts in the accusation against the defendant were awkwardly worded, they contained no defect as to form or substance. A14A0566
Burke Cnty. v. Askin
Georgia Court of Appeals, Civil Case (3/28/2014, 4/24/2014)
GOVERNMENT: Public Road; REAL PROPERTY: Abandonment
Some evidence supported the Burke County Board of Commissioners' resolution to abandon its interest in three roads located in a residential subdivision pursuant to O.C.G.A. § 32-7-2 subsection (b) (1). A13A1909
State v. Cosmo
Supreme Court of Georgia, Criminal Case (4/22/2014, 4/24/2014)
CRIMINAL PRACTICE: Intent, Computer or Electronic Pornographic and Child Exploitation Prevention Act
Direct communication with a person believed to be a child is not required for a conviction pursuant to the Computer or Electronic Pornographic and Child Exploitation Prevention Act. S13G1070
Mosley v. State
Supreme Court of Georgia, Criminal Case (4/22/2014, 4/24/2014)
CRIMINAL PRACTICE: Effective Assistance of Counsel, Murder, Armed Robbery, Firearms Offense, Closing Argument, Golden Rule
Even if defense counsel's failure to object to an alleged "golden rule" argument during the prosecutor's closing constituted deficient performance, the defendant could not show that he was prejudiced thereby. S14A0589
Cobb v. Hart
Supreme Court of Georgia, Criminal Case (4/22/2014, 4/24/2014)
CRIMINAL PRACTICE: Effective Assistance of Counsel; EVIDENCE: Child Hearsay Statute, Prior Consistent Statement
The 14-year-old child molestation victim's videotaped forensic interview was admissible as a prior consistent statement because the victim's veracity was in issue, she was available to testify under oath at trial and she was subject to cross-examination. S14A0224
In the Matter of Dale A. Calomeni
Supreme Court of Georgia, Civil Case (4/22/2014, 4/24/2014)
LEGAL PROFESSION: Reinstatement
The Supreme Court reinstated an attorney to the practice of law after he complied with all of the conditions following his suspension. S13Y1600
In the Matter of Sarah S. Cooksey
Supreme Court of Georgia, Civil Case (4/22/2014, 4/24/2014)
LEGAL PROFESSION: Disbarment, Attorney-Client Relationship
The Supreme Court disbarred an attorney after she abandoned her client's legal matter and made false representations to the trial court. S14Y0830
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