Court Opinions

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Recent opinions released by Georgia's Appellate courts
Bath v. International Paper Company et al, A17A0906
Georgia Court of Appeals, Civil Case (10/24/2017, 11/13/2017)
CIVIL PRACTICE:
The trial court erred in concluding that alleged spoliated evidence was unrelated to the grounds upon which summary judgment was granted and thus erred in granting defendants' motion for summary judgment in plaintiff's premises liability and negligence action arising after he was severely injured when he was electrocuted while working at a paper plant.
Avery et al. v. Paulding County Airport Authority et al, A17A0849
Georgia Court of Appeals, Civil Case (10/24/2017, 11/13/2017)
CIVIL PRACTICE:
The Court partially reversed the dismissal of three related declaratory judgment actions arising out of the efforts of a county and a county airport authority to apply for a commercial Airport Operating Certificate from the Federal Aviation Administration.
Anglin v. The State, S17A1153
Supreme Court of Georgia, Criminal Case (10/16/2017, 11/13/2017)
CRIMINAL PRACTICE:
The evidence supported defendant's convictions for felony murder and marijuana possession and the trial court did not abuse its discretion in allowing State to introduce evidence of defendant's alleged membership in a gang, as there was some evidence presented at trial to show that the charged crimes were motivated by gang membership.
Fazio v. The State, S17A1020
Supreme Court of Georgia, Criminal Case (10/16/2017, 11/10/2017)
CONSTITUTIONAL LAW:
The Supreme Court affirmed defendant's DUI convictions, holding that the implied consent notice statute does not violate the constitutional prohibition of unreasonable searches and seizures and is not unconstitutionally misleading or coercive on its face in violation of due process.
Georgia Association of Professional Process Servers, et al. v. Jackson, Sheriff, et al, S17A1079
Supreme Court of Georgia, Civil Case (10/16/2017, 11/10/2017)
CIVIL PRACTICE:
The trial court did not err in granting summary judgment to the sheriffs of seven counties on process servers' petition for mandamus because process servers failed to show that the sheriffs violated any clear legal duty by exercising their discretion under O.C.G.A.  9-11-4.1 to determine, as a threshold matter, whether certified process servers may act in their respective counties.
Cannon v. The State, S17A1127
Supreme Court of Georgia, Criminal Case (10/16/2017, 11/10/2017)
CRIMINAL PRACTICE:
The evidence supported defendant's convictions for felony murder and aggravated assault after he stabbed a man in the neck in a restaurant because he believed the man owed him money and defendant did not prove his ineffective assistance of counsel claims. 
In The Interest of A. F. et al., children, A17A1171
Georgia Court of Appeals, Civil Case (10/18/2017, 11/9/2017)
CIVIL PRACTICE:
The juvenile court erred in failing to hold a hearing on mother's motion for new trial in a termination of parental rights proceeding before denying the motion.
Glenn v. The State, S17A0858
Supreme Court of Georgia, Criminal Case (10/16/2017, 11/9/2017)
CRIMINAL PRACTICE:
The Court affirmed defendant's murder conviction, finding that the trial court did not abuse its discretion in permitting lay witnesses to give testimony identifying defendant as one of the people in a surveillance video recording of the murder and robbery and the trial court did not err in denying defendant's motion to suppress evidence seized during the search of his sisters apartment.
Miller v. The State, A17A0651
Georgia Court of Appeals, Criminal Case (10/18/2017, 11/8/2017)
CRIMINAL PRACTICE:
In defendant's DUI trial, the trial court admitted defendant's prior DUI conviction for proper purposes, including that such evidence tended to show her knowledge of the effects of alcohol consumption on her driving and knowledge about the use of testing to determine impairment, and the trial court was authorized to find that the probative value of the evidence was not substantially outweighed by its prejudicial impact, despite the age of the prior DUI conviction.
In The Interest of E. N., a child, A17A1040
Georgia Court of Appeals, Civil Case (10/17/2017, 11/8/2017)
FAMILY LAW:
The juvenile court lacked jurisdiction to rule on the issue of custody in dependency proceedings because the superior court had not transferred the motion for return of custody to the juvenile court so the Court vacated the juvenile court's denial of the motion. 
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