Court Opinions

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Recent opinions released by Georgia's Appellate courts
Houston v. The State, S17A0769
Supreme Court of Georgia, Criminal Case (9/13/2017, 10/4/2017)
APPEALS:
The trial court properly denied defendant's motion for an out-of-time appeal following his convictions by guilty pleas to two murders and numerous other crimes in connection with a series of home invasions because to the extent that the issues presented on appeal could be resolved by reference to the existing record, the record refuted defendant's claims. 
Johnson Street Properties, LLC v. Clure; and vice versa., S17A0811
Supreme Court of Georgia, Civil Case (9/13/2017, 10/4/2017)
TORTS:
The trial court properly denied defendant's motion for summary judgment in plaintiff's negligence action arising out of injuries she sustained after being struck by a tree limb while on defendant's property because genuine issues of material fact remained but erred in granting partial summary judgment to plaintiff on defendant's apportionment claim.
Dublin v. The State, S17A0822
Supreme Court of Georgia, Criminal Case (9/13/2017, 10/3/2017)
CRIMINAL PRACTICE:
The trial court did not err in permitting State to introduce certain hearsay evidence at trial, because the challenged evidence was admissible under the co-conspirator exception to the hearsay rule, and consequently, trial counsel was not deficient in failing to object to the admissible of that evidence. 
O'Connor v. Fulton County et al., S17A0880
Supreme Court of Georgia, Civil Case (9/13/2017, 10/3/2017)
GOVERNMENT:
The trial court properly granted summary judgment to Fulton County in plaintiff's suit for breach of contract, mandamus relief and attorney fees after his employment as the Finance Director for Fulton County was terminated because Fulton County Personnel Regulation 300-4 subsection (7) does not form the basis of an employment contract. 
Anderson v. The State, S17A0894
Supreme Court of Georgia, Criminal Case (9/13/2017, 10/3/2017)
CRIMINAL PRACTICE:
The Supreme Court affirmed defendant's convictions for felony murder and other crimes after he fatally shot his daughter-in-law's boyfriend, as the evidence supported the convictions and defendant failed to prove his ineffective assistance of counsel claims. 
Martinez v. The State, S17A0901
Supreme Court of Georgia, Criminal Case (9/13/2017, 10/3/2017)
CRIMINAL PRACTICE:
The evidence, including DNA evidence, supported defendant's convictions for rape and murder and defendant failed to prove his ineffective assistance of counsel claims. 
Bennett v. Etheridge, S17A0762
Supreme Court of Georgia, Civil Case (9/13/2017, 10/2/2017)
CIVIL PRACTICE:
The habeas court erred in dismissing appellant's motion for new trial following an order discharging the payment of restitution and any arrearage for back child support by the purported biological father of appellant's minor child because, contrary to the habeas court's conclusion, appellant had standing to challenge the court's judgment. 
Lockamy v. Lockamy, S17A0966
Supreme Court of Georgia, Civil Case (9/13/2017, 10/2/2017)
FAMILY LAW:
The trial court erred in granting wife's motion to reform a divorce decree because she untimely filed the motion more than six years after the entry of the judgment.
Revere v. The State, S17A0806
Supreme Court of Georgia, Criminal Case (9/13/2017, 10/2/2017)
CRIMINAL PRACTICE:
The defendant failed to prove his ineffective assistance of counsel claims arising out of his trial and convictions for murder and various other offenses and the Court affirmed his convictions. 
Roscoe v. The State, S17A0718
Supreme Court of Georgia, Criminal Case (9/13/2017, 10/2/2017)
CRIMINAL PRACTICE:
The evidence supported defendant's convictions for malice murder and related offenses and the trial court did not abuse its discretion in granting State's motion in limine to exclude hearsay testimony allegedly showing that someone other than defendant killed the victim. 
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