Court Opinions

Recent opinions released by Georgia's Appellate courts
Lejeune v. McLaughlin, S14A1155
Supreme Court of Georgia, Criminal Case (11/24/2014, 11/26/2014)
CRIMINAL PRACTICE: Guilty Plea, Habeas Corpus, Burden of Proof
In habeas cases, the petitioner bears the burden of proving that his guilty plea was not voluntary, knowing and intelligent; the Supreme Court overruled Purvis v. Connell, 227 Ga. 764 (1971), and its progeny, to the extent they stood for the proposition that the Warden must bear the burden of proving a petitioner's guilty plea was voluntary, knowing and intelligent in a habeas case.
Sentinel Offender Servs. LLC v. Glover, S14A1033/S14X1036; S14A1035/S14X1034; S14A1037/S14X1038; S14A1039/S14X1040; S14A1041/S14X1042; S14A1251/S14X1252; S14A1253; S14A1254/S14X1255; S14A1256; S14A1257/S14X1258; S14A1259; S14A1260/S14X1261; S14A1262; S14A1263/S14X1264; S14A1265; S14A1266/S14X1267; S14A1268; S14A1269/S14X1270; S14A1271/S14X1272
Supreme Court of Georgia, Civil Case (11/24/2014, 11/26/2014)
CONSTITUTIONAL LAW: Due Process, Private Probation Services, Imprisonment for Debt
Georgia's private probation statute, O.C.G.A. § 42-8-100 subsection (g) (1), is not unconstitutional on its face, as the mere act of privatizing these services does not violate due process.
Wright v. State, S14A0602
Supreme Court of Georgia, Criminal Case (11/24/2014, 11/26/2014)
CRIMINAL PRACTICE: Murder, Aggravated Assault, False Imprisonment, Armed Robbery, Firearms Offense, Accomplice, Effective Assistance of Counsel
The evidence showed that the defendant acted as the driver of the getaway vehicle after an armed robbery and a fatal shooting.
Drake v. State, S14A0935
Supreme Court of Georgia, Criminal Case (11/24/2014, 11/26/2014)
CRIMINAL PRACTICE: Murder, Statement, Miranda Rights
Statements the defendant made to officers in his first interview, prior to being Mirandized, were properly obtained and admissible, since the defendant was not in custody at the time he made them.
Effingham Cnty. v. Roach, A14A1236
Georgia Court of Appeals, Civil Case (10/30/2014, 11/26/2014)
CONTRACTS: Breach of Contract
The trial court properly denied the defendant County's second motion for summary judgment in a breach of contract action.
Wallace v. Wallace, S14F0646
Supreme Court of Georgia, Civil Case (11/24/2014, 11/26/2014)
FAMILY LAW: Child Support
The trial court erred in failing to enter the required written findings to support its deviation from the presumptive amount of child support.
Dogan v. Buff, A14A0806
Georgia Court of Appeals, Civil Case (11/7/2014, 11/25/2014)
TORTS: Negligence
Factual questions remained regarding whether the defendant truck driver, who rear-ended the plaintiff's van, was following too closely and thus failed to exercise ordinary care.
Rivers v. K-Mart Corp., A14A0752
Georgia Court of Appeals, Civil Case (11/7/2014, 11/25/2014)
TORTS: Malicious Prosecution, False Imprisonment
The trial court did not abuse its discretion in allowing evidence of the plaintiff's criminal history during the damages stage of the bifurcated trial on his claims of malicious prosecution and false imprisonment.
North Druid Dev. LLC v. Post, Buckley, Schuh & Jernigan Inc., A14A1101
Georgia Court of Appeals, Civil Case (11/7/2014, 11/25/2014)
CIVIL PRACTICE: Discovery Sanctions, Dismissal
The trial court abused its discretion in dismissing the plaintiffs' complaint with prejudice without complying with the 2-step process set forth in O.C.G.A. § 9-11-37, i.e., entering an order compelling discovery and giving the plaintiffs an opportunity to be heard on the defendant's motion for sanctions.
Algren v. State, A14A1098
Georgia Court of Appeals, Criminal Case (11/10/2014, 11/25/2014)
CRIMINAL PRACTICE: Statutory Rape, Child Molestation, Joinder, Jury Charges, Sentencing
The trial court properly joined the defendant's indictments for statutory rape and child molestation for trial in the same proceeding.
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