Court Opinions

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Recent opinions released by Georgia's Appellate courts
Rabun v. Rabun, A17A0184
Georgia Court of Appeals, Civil Case (6/21/2017, 7/19/2017)
TRUSTS AND ESTATES:
The trial court properly granted executor's motion for summary judgment on widow's action to impose a constructive trust on assets decedent transferred to executor during decedent's lifetime but erred in directing widow to return certain personal property in her possession to executor because a genuine issue of material fact existed as to whether the items were included in the year's support awarded to widow.
Thompson v. The State, A17A0327
Georgia Court of Appeals, Criminal Case (6/21/2017, 7/19/2017)
CRIMINAL PRACTICE:
The Court affirmed defendant's convictions for three counts of aggravated battery and one count of possession of a firearm during the commission of a felony, as the evidence supported the convictions, the trial court did not reversibly err in its jury charges and defendant failed to show that his trial counsel's performance was ineffective. 
Don Johnson Bondig Co. Inc. v. State Of Georgia, A17A0469
Georgia Court of Appeals, Civil Case (6/21/2017, 7/19/2017)
CRIMINAL PRACTICE:
The trial court did not err in entering final judgment on two criminal appearance bond forfeitures as O.C.G.A. § 17-6-71 subsection (a) did not require the trial court to enter the order of forfeiture on the same day that the defendant failed to appear.
Jones v. The Medical Center Of Central Georgia, Inc., A17A0527
Georgia Court of Appeals, Civil Case (6/21/2017, 7/18/2017)
TORTS:
The trial court properly granted hospital's motion for summary judgment in plaintiff's lawsuit arising after he was injured while riding in an elevator at the hospital, as plaintiff failed to point to evidence that the hospital had any knowledge of a defective condition that may have led to the incident in which he was injured and failed to point to evidence that the elevator maintenance contractor was negligent and that hospital was vicariously liable for that negligence. 
Harris v. The State, A17A0172
Georgia Court of Appeals, Criminal Case (6/20/2017, 7/18/2017)
CRIMINAL PRACTICE:
The Court vacated the grant of State's motion to quash defendant's subpoena for all records and documents pertaining to the canine and its handler involved in the detection of drugs in defendant's luggage at Atlanta Hartsfield-Jackson International Airport, because it was unclear whether defendant met his burden of establishing that the subpoenaed materials were relevant to challenge the reliability of the dog's alert, and, if so, whether State then met its burden of demonstrating that the subpoena was overly broad and unreasonably burdensome.
Kaye v. The State, A17A0225
Georgia Court of Appeals, Criminal Case (6/20/2017, 7/18/2017)
CRIMINAL PRACTICE:
The Court affirmed defendant's convictions for multiple offenses arising out of a home invasion robbery after finding that defendant's statement to police was admissible at trial because it was not induced by hope of benefit and that defendant failed to prove his ineffective assistance of counsel claims. 
Montia v. First-Citizens Bank & Trust Company et al., A17A0509
Georgia Court of Appeals, Civil Case (6/20/2017, 7/18/2017)
REAL PROPERTY:
Plaintiff's petition to quiet title against all the world under O.C.G.A. §§ 23-3-60 et seq. of Georgia's Quiet Title Act failed to state a claim because plaintiff did not demonstrate that she had legal title to the property at issue; consequently, the trial court was authorized to grant the motion to dismiss and the motion for judgment on the pleadings without submitting the case to a special master.
Croy v. Whitfield County, s16g1452
Supreme Court of Georgia, Civil Case (6/19/2017, 7/18/2017)
GOVERNMENT:
A presentment of a claim against a county under O.C.G.A. § 36-11-1 may be submitted to the governing authority by way of the county attorney as a matter of law, regardless of whether the attorney is an inside or outside county attorney; accordingly, the trial court erred in granting summary judgment to county after finding that plaintiff failed to comply with the statutory requirements for presentment in his negligence action arising after he was injured while riding a county-operated bus.
Davis v. The State, S17A0176
Supreme Court of Georgia, Criminal Case (6/19/2017, 7/17/2017)
CRIMINAL PRACTICE:
The Court affirmed defendant's convictions for two counts of felony murder, armed robbery, aggravated assault and two counts of possession of a firearm during the commission of a felony but vacated his sentence and remanded for resentencing, as the trial court erred in sentencing defendant on both felony murder counts because they involved the same victim. 
Sexual Offender Registration Review Board v. Berzett, s17a0082
Supreme Court of Georgia, Civil Case (6/19/2017, 7/17/2017)
CRIMINAL PRACTICE:
The trial court lacked subject matter jurisdiction over convicted sexual offender's petition for declaratory relief alleging that O.C.G.A. § 42-1-14, which set forth a procedure for the classification of sexual offenders according to their recidivism risks and required any "sexually dangerous predator" to wear and pay for an electronic GPS monitor for the rest of his life, was unconstitutional, because no actual controversy existed between Sexual Offender Registration Review Board and the petitioner after the Board classified him as a sexually dangerous predator, the trial court affirmed that classification and petitioner did not appeal that ruling.
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