Court Opinions

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Recent opinions released by Georgia's Appellate courts
Davis v. The State, A17A1008
Georgia Court of Appeals, Criminal Case (9/27/2017, 10/16/2017)
CRIMINAL PRACTICE:
The trial court did not abuse its discretion in allowing State to present evidence that defendant had previously infected another a person with HIV in his trial for two counts of reckless conduct in violation of O.C.G.A. § 16-5-60 subsection (c) arising after he infected another with HIV.
In The Interest Of C. H. et al., children., A17A1320
Georgia Court of Appeals, Civil Case (9/27/2017, 10/13/2017)
FAMILY LAW:
The juvenile court violated parents' due process rights, including their right to counsel, and therefore erroneously denied parents' motion to set aside the custody orders awarding temporary custody of their children to the Department of Family and Children Services. 
Diaz v. The State, A17A1333
Georgia Court of Appeals, Criminal Case (9/27/2017, 10/13/2017)
CRIMINAL PRACTICE:
Defendant could not show that he was prejudiced by his attorney's alleged deficiency in failing to properly inform him of the immigration consequences of pleading guilty to possession of a controlled substance and he, therefore, could not prove his ineffective assistance of counsel claim and the trial court properly denied his motion to withdraw his guilty plea. 
Tyson et al. v. Scottsdale Indemnity Company, A17A1824
Georgia Court of Appeals, Civil Case (9/27/2017, 10/13/2017)
INSURANCE LAW:
The trial court properly granted summary judgment to insurer in plaintiff's suit arising after he suffered serious injuries when he was hit by a tree limb while on the job, as the trial court did not err in ruling that the insurance policy excluded plaintiff from coverage. 
Pittmon v. The State, A17A0963
Georgia Court of Appeals, Criminal Case (9/26/2017, 10/13/2017)
CRIMINAL PRACTICE:
The evidence supported defendant's convictions for battery, cruelty to children in the first degree and cruelty to children in the second degree after she burned a child in her care at a daycare center and failed to seek medical attention for him. 
Turner v. The State, A17A1045
Georgia Court of Appeals, Criminal Case (9/26/2017, 10/12/2017)
CRIMINAL PRACTICE:
The evidence supported defendant's conviction for first-degree homicide by vehicle after she "blacked out" and ran over the victim during an argument with the father of her children and his girlfriend. 
Simmons v. The State, A17A0712
Georgia Court of Appeals, Criminal Case (9/21/2017, 10/12/2017)
CRIMINAL PRACTICE:
The evidence supported defendant's conviction for aggravated assault and criminal attempt to commit armed robbery, but the trial court erred in failing to merge the two convictions for sentencing purposes. 
Reynolds v. CB&T, A17A0891
Georgia Court of Appeals, Civil Case (9/22/2017, 10/12/2017)
REAL PROPERTY:
The trial court erred in granting summary judgment to bank on plaintiff's claims for wrongful foreclosure, breach of contract, intentional and grossly negligent infliction of emotional distress, unjust enrichment and promissory estoppel because there were genuine issues of material fact remaining.
Green v. The State, A17A1017
Georgia Court of Appeals, Criminal Case (9/21/2017, 10/12/2017)
CRIMINAL PRACTICE:
The evidence was sufficient to support defendant's convictions for four counts of theft by taking after he endorsed checks and misrepresented that the checks were actually payable to him and then deposited the checks into his bank account. 
Solomon v. The State, A17A0760
Georgia Court of Appeals, Criminal Case (9/20/2017, 10/11/2017)
CRIMINAL PRACTICE:
Although the evidence supported defendant's conviction for burglary, the trial court erred when it sentenced him under the current rather than the former version of the burglary statute, O.C.G.A. § 16-7-1, and the Court, therefore, vacated his conviction and remanded for entry of conviction and resentencing under the proper statute. 
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