Court Opinions

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Recent opinions released by Georgia's Appellate courts
Sunset Help LLC v. Community & S. Bank, A14A2320
Georgia Court of Appeals, Civil Case (3/10/2015, 3/27/2015)
CREDITORS AND DEBTORS RIGHTS: Suit on Note
The trial court improperly ruled on the parties' motions for summary judgment without conducting an oral hearing as required by Uniform Superior Court Rule 6.3.
Hower v. State, A14A2293
Georgia Court of Appeals, Criminal Case (3/6/2015, 3/27/2015)
CRIMINAL PRACTICE: Child Molestation, Guilty Plea, Right to Be Present at Trial
The defendant failed to show that the trial court erred in finding that he entered his guilty plea to child molestation freely and voluntarily.
Williams v. State, A14A2163
Georgia Court of Appeals, Criminal Case (3/6/2015, 3/27/2015)
CRIMINAL PRACTICE: Guilty Plea, Armed Robbery
The trial court properly denied the defendant's untimely motions to modify sentence, for withdrawal of his guilty plea and for the appointment of counsel.
Brazeal v. NewPoint Media Group LLC, A14A2007
Georgia Court of Appeals, Civil Case (3/10/2015, 3/27/2015)
CONTRACTS: Breach of Contract
A review of the unambiguous employment contract plainly demonstrated that the plaintiff was not entitled to severance pay after his former employer declined to renew his initial term of employment.
Broom v. State, A14A1944
Georgia Court of Appeals, Criminal Case (3/6/2015, 3/26/2015)
CRIMINAL PRACTICE: Aggravated Assault, Effective Assistance of Counsel
Even assuming that defense counsel was deficient in failing to inform the defendant of a plea offer's expiration date, the defendant presented no evidence to show that he would have accepted the offer had trial counsel told him the offer's expiration date.
Paul v. State, A14A1641
Georgia Court of Appeals, Criminal Case (3/6/2015, 3/26/2015)
CRIMINAL PRACTICE: Burglary, Effective Assistance of Counsel, Jury Charges, Mistake of Fact
The evidence sufficiently supported the defendant's burglary conviction, despite his testimony that he thought the dwelling was vacant and that he could enter it.
In re: Patterson, A14A1937
Georgia Court of Appeals, Criminal Case (3/6/2015, 3/26/2015)
CRIMINAL PRACTICE: Contempt
Because the trial court found that the attorney was negligent, not wilfully disobedient, in missing his client's scheduled arraignment, the court erred in holding him in contempt of court.
McClattie v. Kowal, A14A2122
Georgia Court of Appeals, Civil Case (3/6/2015, 3/26/2015)
CIVIL PRACTICE: Directed Verdict, J.N.O.V.
The trial court properly granted the defendants in a neighbor dispute a directed verdict on the plaintiff's claims regarding the location of their driveway and the placement of their trash cans.
Huntley v. State, A14A1820
Georgia Court of Appeals, Criminal Case (3/6/2015, 3/26/2015)
CRIMINAL PRACTICE: Cocaine Sale, Party to Crime, Effective Assistance of Counsel
The evidence showed that the defendant was a party to the crimes of selling cocaine and distributing cocaine near a school and distributing cocaine near a park, since he drove his friend, the actual dealer, to and from the drug transactions.
Duckett v. State, A14A2187
Georgia Court of Appeals, Criminal Case (3/5/2015, 3/25/2015)
CRIMINAL PRACTICE: Right to Self-Representation, Competency to Stand Trial
The trial court did not err in allowing the defendant to represent herself at trial, despite the fact that it became apparent during sentencing that she suffered from some degree of mental or emotional illness.
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