Court Opinions

FROM TO
Recent opinions released by Georgia's Appellate courts
In The Matter Of John Michael Spain, s17y1287
Supreme Court of Georgia, Civil Case (6/30/2017, 8/7/2017)
LEGAL PROFESSION:
The Supreme Court accepted an attorney's petition for voluntary discipline and imposed a 1-year suspension with reinstatement conditioned upon proof of termination of probation after he pleaded nolo contendere to misdemeanor stalking and harassing communications in violation of Georgia Rule of Professional Conduct 8.4 subsection (a) (3).
In The Matter Of Richard Allen Hunt, s17y1073
Supreme Court of Georgia, Civil Case (6/30/2017, 8/7/2017)
LEGAL PROFESSION:
The Supreme Court rejected an attorney's petition for voluntary discipline in which he sought a suspension of between six and 12 months for his admitted violation of Rule 1.15 (II) (b) of the Georgia Rules of Professional Conduct.
Scott v. The State, A17A1344
Georgia Court of Appeals, Criminal Case (7/20/2017, 8/4/2017)
CRIMINAL PRACTICE:
The evidence supported defendant's convictions for hijacking a motor vehicle and two counts of aggravated assault, notwithstanding the fact that one of the two victims failed to identify defendant as one of the perpetrators. 
Floyd v. The State, A17A1058
Georgia Court of Appeals, Criminal Case (7/20/2017, 8/4/2017)
CRIMINAL PRACTICE:
Although the evidence supported defendant's convictions on one count of kidnapping, two counts of armed robbery, burglary and two counts of first degree cruelty to children, the Court reversed his conviction on another count of kidnapping because State failed to prove the asportation element of that crime, as defendant's movement of the victim was simply incidental to the crime of armed robbery, it did not conceal or isolate the victim, it did not lessen the risk of detection and it was not done for the purpose of avoiding apprehension. 
Thomas v. The State, A17A0820
Georgia Court of Appeals, Criminal Case (7/10/2017, 8/4/2017)
CRIMINAL PRACTICE:
The evidence supported defendant's convictions for trafficking in methamphetamine and three misdemeanor drug offenses and the trial court did not violate defendant's confrontation rights by allowing a forensic chemist from the Georgia Bureau of Investigation to testify about drug identification tests a different chemist performed when that chemist was unable to attend the trial due to circumstances unrelated to her job performance. 
In The Interest Of D. V. H., a child, A15A1092
Georgia Court of Appeals, Criminal Case (7/11/2017, 8/3/2017)
CRIMINAL PRACTICE:
When State fails to file a delinquency petition against a juvenile who is not detained within 30 days of the filing of the complaint or to seek an extension of that deadline from the juvenile court, as O.C.G.A. § 15-11-521 subsection (b) requires, the case must be dismissed without prejudice.
American safety indemnity co. v. Sto Corp., A17A0453
Georgia Court of Appeals, Civil Case (6/30/2017, 8/3/2017)
INSURANCE LAW:
The trial court erred in denying summary judgment to insurer on insured's bad faith claim arising out of insurer's refusal to defend and indemnify insured for claims related to two suits against it because insurer had a reasonable factual and legal basis for denying coverage such that bad faith penalties were not allowed.
Atkins v. The State, A17A0240
Georgia Court of Appeals, Criminal Case (6/30/2017, 8/3/2017)
CRIMINAL PRACTICE:
The trial court did not err in denying defendant's motion for a directed verdict on a statutory rape charge or in denying his motion for a new trial, because the evidence supported the conviction and the trial court properly ruled that the Rape Shield Statute prohibited defendant from inquiring about the paternity of the victim's baby.
Columbus Consolidated Government v. Franklin Woody, A17A0044
Georgia Court of Appeals, Civil Case (6/30/2017, 8/2/2017)
TORTS:
Sovereign immunity barred plaintiff's personal injury claims arising after he was injured while welding a garbage truck belonging to City as part of a prison work detail because his injuries did not arise from the negligent "use" of the vehicle and O.C.G.A. §§ 33-24-51 subsection (b) and 36-92-2 thus did not waive City's sovereign immunity.
Downes et al. v. Oglethorpe University, Inc., A17A0246
Georgia Court of Appeals, Civil Case (6/30/2017, 8/2/2017)
TORTS:
Defendant university was entitled to summary judgment in plaintiffs' wrongful death action arising after their son drowned in the Pacific Ocean while on a study abroad trip to Costa Rica, because the student assumed the risk of drowning when he chose to swim in the ocean. 
  101 - 110 of 27073 results