Court Opinions

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Recent opinions released by Georgia's Appellate courts
The State v. Walker, A17A0794
Georgia Court of Appeals, Criminal Case (9/8/2017, 9/27/2017)
EVIDENCE:
The trial court properly granted defendant's motion in limine to exclude child hearsay evidence in his trial on charges of child molestation, because the victim made the challenged statement in 2011 when she was 14 years old, and the trial court properly found that former O.C.G.A. § 24-3-16, which authorized the admission of only those hearsay statements made by a child "under the age of 14 years," was applicable and rendered the victim's statement inadmissible.
Sheats v. The Kroger Co., A17A0753
Georgia Court of Appeals, Civil Case (9/8/2017, 9/27/2017)
TORTS:
The trial court properly denied plaintiff's motion for spoliation sanctions against defendant grocery store and properly granted defendant's motion for summary judgment on plaintiff's claim for ordinary negligence after a package containing glass bottles broke open and injured plaintiff's foot.
In The Interest Of E. T., a child., A16A1575
Georgia Court of Appeals, Criminal Case (9/8/2017, 9/27/2017)
CONSTITUTIONAL LAW:
The trial court erred in failing to apply the test set forth in Maryland v. Craig, 497 U. S. 836 (1990), before allowing the victim in juvenile defendant's trial to testify via 2-way video conference and that error was not harmless; accordingly, the Court vacated the juvenile defendant's adjudication and remanded for a new adjudicatory hearing. 
Mujkic et al. v. Lam, A17A0827
Georgia Court of Appeals, Civil Case (9/6/2017, 9/26/2017)
TORTS:
The trial court properly dismissed parents' suit to recover medical expenses of their minor son resulting from personal injuries he sustained while working on defendant's property, because the 2-year statute of limitations governing personal injury claims, not the 4-year statute of limitations governing personal property claims, applied and barred the action. 
Jackson v. The State, A17A0844
Georgia Court of Appeals, Criminal Case (9/5/2017, 9/26/2017)
CRIMINAL PRACTICE:
The trial court abused its discretion in failing to apply the balancing test set forth in Rule 403 before granting State's request to introduce two uncharged prior sexual acts under O.C.G.A. § 24-4-414 at defendant's child molestation trial.
City Of Kingsland v. Grantham, A17A1083
Georgia Court of Appeals, Civil Case (9/6/2017, 9/26/2017)
TORTS:
The trial court erred in denying city's motion for a partial judgment on the pleadings in plaintiff's action arising after she sustained injuries when a patrol car collided with the car in which she was riding, as the 2005 passage of Georgia's apportionment statute did not supersede the Respondeat Superior Rule and plaintiff's claims were redundant because they sought recovery that was duplicative of that sought under respondeat superior.
Richardson-Bethea v. The State, s17a1104
Supreme Court of Georgia, Criminal Case (8/28/2017, 9/25/2017)
CRIMINAL PRACTICE:
The trial court properly denied defendant's motion for new trial following her convictions for malice murder and abuse of a disabled adult arising out of the death of a woman with an intellectual disability who lived in defendant's home because, assuming without deciding that trial counsel's performance was deficient, defendant could not show a reasonable likelihood that, but for trial counsel's deficiency, the outcome of her trial would have been more favorable.
Jackson v. The State, s17a1128
Supreme Court of Georgia, Criminal Case (8/28/2017, 9/25/2017)
CRIMINAL PRACTICE:
The evidence supported defendant's convictions for murder and two related firearms charges and he failed to prove his ineffective assistance of counsel claim. 
Crump v. The State, s17a1146
Supreme Court of Georgia, Criminal Case (8/28/2017, 9/25/2017)
CRIMINAL PRACTICE:
The evidence supported defendant's convictions for murder and various other offenses and he failed to prove his ineffective assistance of counsel claim. 
Bennett v. The State, S17A1150
Supreme Court of Georgia, Criminal Case (8/28/2017, 9/22/2017)
CRIMINAL PRACTICE:
The evidence supported defendant's convictions for malice murder, multiple counts of felony murder, aggravated assault, cruelty to children in the first degree and aggravated battery arising from the death of his girlfriend's 9-month-old daughter.
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