Court Opinions

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Recent opinions released by Georgia's Appellate courts
Chernowski v. State, A14A2151
Georgia Court of Appeals, Criminal Case (2/12/2015, 2/27/2015)
CRIMINAL PRACTICE: DUI, Traffic Offenses, Search & Seizure, Sentencing, Merger
The trial court erred in sentencing the defendant because it did not merge her DUI less-safe conviction into her DUI per se conviction.
State v. Osborne, A14A1975
Georgia Court of Appeals, Criminal Case (2/12/2015, 2/27/2015)
APPEALS: State's Appeal, Interlocutory Appeal, Jurisdiction
The Court of Appeals did not have jurisdiction over the State's appeal from the dismissal of its motion to recuse the trial judge, as the State failed to obtain a certificate of immediate review and to obtain permission to file an interlocutory appeal.
Lemery v. State, A14A1523
Georgia Court of Appeals, Criminal Case (2/9/2015, 2/27/2015)
CRIMINAL PRACTICE: Human Trafficking, Aggravated Child Molestation, Enticing a Child for Indecent Purposes, Competency to Stand Trial, Effective Assistance of Counsel
The evidence supported the defendant's convictions arising out of his conduct in befriending young male victims from broken homes, emotionally and financially manipulating them, and persuading them to engage in prostitution and give him their earnings.
Robinson v. State, A13A1386
Georgia Court of Appeals, Criminal Case (2/20/2015, 2/26/2015)
CRIMINAL PRACTICE: Cocaine Trafficking, Intent
The evidence authorized the jury to infer that the defendant knowingly possessed the cocaine officers found in the car he was driving and that he knew the cocaine weighed 28 grams or more.
Griffin v. State, A14A1614
Georgia Court of Appeals, Criminal Case (2/12/2015, 2/26/2015)
CRIMINAL PRACTICE: Cocaine Trafficking, Marijuana Possession with Intent to Distribute, Effective Assistance of Counsel, Right to Counsel, Right to Remain Silent, Jury Charges
Defense counsel was not deficient in failing to object to evidence bags that were tagged and labeled with the defendant's name as a "suspect", since it was obvious that the defendant was a suspect, given that he was on trial.
Davis v. State, A14A1546
Georgia Court of Appeals, Criminal Case (2/17/2015, 2/26/2015)
APPEALS: Dismissal, Extraordinary Motion for New Trial, Discretionary Appeal, Out-of-Time Appeal, Jurisdiction
The defendant untimely filed his motion for new trial 30 days after the entry of judgment on the jury's guilty verdict on charges of burglary, criminal trespass and obstructing an officer.
Palmer v. State, A14A1882
Georgia Court of Appeals, Criminal Case (2/12/2015, 2/25/2015)
CRIMINAL PRACTICE: Family Violence Battery, Cruelty to Children, Juror Qualification, Effective Assistance of Counsel, Discovery
The family violence battery defendant did not show that his counsel was deficient in failing to object to the trial court's failure to charge the jury on justification, since the evidence did not support such a charge.
Howell v. State, A14A2073; A14A2074
Georgia Court of Appeals, Criminal Case (2/11/2015, 2/25/2015)
CRIMINAL PRACTICE: Family Violence Battery, False Imprisonment, Battery, Obstructing an Officer, Aggravated Assault, Jury Charges
The court reporter's testimony that the defendant silently mouthed the words "I love you" to the victim when the trial court took a recess during the victim's testimony did not constitute improper impeachment on a collateral matter because the jury could infer that the defendant intended to influence the victim's testimony, which would serve as circumstantial evidence of his guilt.
Hogan v. State, A14A1779
Georgia Court of Appeals, Criminal Case (2/4/2015, 2/25/2015)
CRIMINAL PRACTICE: Armed Robbery, Firearms Offense, Statement, Effective Assistance of Counsel, Venue
Defense counsel's decision to not challenge the admission of the defendant's custodial statement at trial was reasonable trial strategy, since the statement contained the defendant's denial of any involvement in the crime and obviated the need for the defendant to testify and be subjected to cross-examination.
Thomas v. Butler, A14A2107
Georgia Court of Appeals, Civil Case (2/11/2015, 2/24/2015)
UNEMPLOYMENT COMPENSATION: Unemployment Benefits
The superior court erred in affirming the claimant's disqualification from unemployment benefits, since there was no evidence that the claimant was at fault in her discharge.
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