Court Opinions

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Recent opinions released by Georgia's Appellate courts
Harris v. The State, A17A0761
Georgia Court of Appeals, Criminal Case (9/18/2017, 10/11/2017)
CRIMINAL PRACTICE:
Although the evidence supported defendant's convictions for aggravated assault and possession of a firearm by a convicted felon, the trial court erred in failing to charge the jury on the lesser included offense of reckless conduct as an alternative to aggravated assault with a deadly weapon; accordingly, the Court reversed the aggravated assault conviction and remanded for a new trial. 
In the interest of E. G. L. B. et al., children., A17A0881
Georgia Court of Appeals, Civil Case (9/20/2017, 10/11/2017)
FAMILY LAW:
There was not clear and convincing evidence supporting the juvenile court's order terminating father's parental rights to his two minor children and the Court of Appeals thus vacated the order. 
Atkins v. The State, A17A1486
Georgia Court of Appeals, Criminal Case (9/20/2017, 10/11/2017)
CRIMINAL PRACTICE:
The trial court applied the wrong standard when reviewing appellant's motion for new trial based on general grounds, and the Court thus vacated the denial of her motion for a new trial following her convictions for aggravated child molestation and child molestation.
Garner v. The State, A17A1170
Georgia Court of Appeals, Criminal Case (9/15/2017, 10/10/2017)
CRIMINAL PRACTICE:
The trial court did not violate defendant's constitutional rights by requiring him to wear a shock belt during the course of his trial for aggravated assault and possession of a firearm during the commission of a crime or in allowing an extra metal detector to be placed outside the entrance of the courtroom. 
Hill et al. v. Iles, A17A1079
Georgia Court of Appeals, Civil Case (9/15/2017, 10/10/2017)
FAMILY LAW:
The trial court was not authorized to award custody to father because the only issue before the trial court was father's appeal of the denial of his motion to vacate the temporary letters of guardianship.
Whatley v. The State, A17A0940
Georgia Court of Appeals, Criminal Case (9/14/2017, 10/10/2017)
CRIMINAL PRACTICE:
The evidence supported defendant's convictions for kidnapping, aggravated assault, two counts of robbery and two counts of false imprisonment and defendant failed to prove his several ineffective assistance of counsel claims. 
McDowell v. Bowers et al., A17A0948
Georgia Court of Appeals, Civil Case (9/14/2017, 10/10/2017)
FAMILY LAW:
The trial court erred in permitting the child's biological grandparents to intervene in a non-relative third party's petition to adopt the child because the grandparents were not permitted under Georgia law to intervene under the circumstances presented in this case.
McConnell et al. v. Georgia Department of Labor, S16G1786
Supreme Court of Georgia, Civil Case (9/13/2017, 10/9/2017)
GOVERNMENT:
The Court of Appeals erred in failing to address sovereign immunity in its decision affirming the dismissal of a class action suit against the Georgia Department of Labor arising from the Department's disclosure of the proposed class members' personal information in an email sent to approximately 1,000 Georgians.
Daniels v. The State, S17A0931
Supreme Court of Georgia, Criminal Case (9/13/2017, 10/9/2017)
CRIMINAL PRACTICE:
The evidence supported defendants' convictions for felony murder, violations of the Street Gang Terrorism and Prevention Act and other crimes. 
Wilson v. The State, S17A0950
Supreme Court of Georgia, Criminal Case (9/13/2017, 10/9/2017)
CRIMINAL PRACTICE:
Although the evidence supported defendant's convictions, the Court vacated defendant's sentence and remanded for resentencing based on merger errors. 
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