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Recent opinions released by Georgia's Appellate courts
Kinsey v. State
Georgia Court of Appeals, Criminal Case (3/27/2014, 4/17/2014)
CRIMINAL PRACTICE: Aggravated Assault, Kidnapping with Bodily Injury, Firearms Offense, Jury Charge, Search & Seizure; EVIDENCE: Photographs, Circumstances of Arrest
The evidence was sufficient to support the defendants' convictions for kidnapping with bodily injury, aggravated assault and firearm possession in the commission of a crime, since the victim identified the defendants as two of the men who beat him, held a shotgun to the his head, duct-taped his head and body, put him in the trunk of a car and drove off. A13A2062; A14A0116
State v. Richards
Georgia Court of Appeals, Criminal Case (3/27/2014, 4/17/2014)
CRIMINAL PRACTICE: Search & Seizure, Statement
The police officer's request to see the defendant's arms after approaching his parked vehicle at a gas station that was known for high drug traffic did not constitute a second-tier detention and seizure that required articulable suspicion. A13A2010
Singleton v. State
Georgia Court of Appeals, Criminal Case (3/27/2014, 4/17/2014)
CRIMINAL PRACTICE: Armed Robbery, Aggravated Assault, Firearms Offense, Contempt, Effective Assistance of Counsel, Right to Fair Trial, Speedy Trial; EVIDENCE: Hearsay; CONSTITUTIONAL LAW: Due Process; APPEALS: Transcript
The 10-year delay in hearing the defendant's motion for new trial did not violate his due process rights, since the defendant was unable to provide evidence to show that the delay prejudiced his ability to assert his arguments on appeal. A13A1951
Morrow v. Angkawijana LLC
Georgia Court of Appeals, Civil Case (3/27/2014, 4/17/2014)
TORTS: Negligence Per Se
The plaintiffs failed to show that the defendants' actions violated the statute upon which they relied in their negligence per se lawsuit. A13A1864
Thunderbolt Harbour Phase II Condo. Ass'n Inc. v. Ryan
Georgia Court of Appeals, Civil Case (3/27/2014, 4/17/2014)
TORTS: Breach of Fiduciary Duty
Georgia law recognizes a breach of fiduciary duty claim against a sole officer and director of a homeowners' association. A13A1827
Peoples v. State
Supreme Court of Georgia, Criminal Case (4/10/2014, 4/17/2014)
CRIMINAL PRACTICE: Kidnapping with Bodily Injury, Conspiracy, Effective Assistance of Counsel, Closing Argument, Golden Rule; EVIDENCE: Co-Conspirator's Statement, Hearsay Exception, Prior Bad Acts, Similar Transaction
The Supreme Court was divided 4-3 in affirming the defendant's convictions for felony murder and related crimes. S13A1893
In the Matter of Sharla M. Gorman
Supreme Court of Georgia, Civil Case (3/3/2014, 4/17/2014)
LEGAL PROFESSION: Disbarment, Client Funds
The Supreme Court disbarred an attorney for knowingly converting client property and causing injury or potential injury to the client. S14Y0653
Brantley v. McMichael
Supreme Court of Georgia, Civil Case (3/3/2014, 4/17/2014)
APPEALS: Mootness
The petitioner's arguments regarding his pretrial motion for summary judgment and post-trial motion for j.n.o.v. were rendered moot by the grant of his motion for new trial. S14A0254
The Med. Ctr. of Cent. Ga. Inc. v. City of Macon
Georgia Court of Appeals, Civil Case (3/27/2014, 4/16/2014)
CONTRACTS: Quantum Meruit, Unjust Enrichment
The Court partially vacated the grant of summary judgment to the city on the hospital's complaint regarding the city's obligation to pay for treatment of patients brought to the hospital by city police officers, since the hospital's claims for quantum meruit and unjust enrichment were not considered. A13A1928
Miles v. Payne
Georgia Court of Appeals, Civil Case (3/26/2014, 4/16/2014)
APPEALS: Notice of Appeal, Dismissal
The 30-day time limit to file a notice of appeal did not begin to run from the clerk's stamp filed date, but rather it began from the trial judge's stamp filed date after he had properly filed the orders with him, noted the filing date on the orders and transmitted them to the clerk's office. A13A2336
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