Court Opinions

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Recent opinions released by Georgia's Appellate courts
Plummer v. Plummer, A17A0929
Georgia Court of Appeals, Civil Case (8/17/2017, 9/12/2017)
FAMILY LAW:
The superior court did not err in dismissing father's child custody modification petition after finding that it lost subject matter jurisdiction pursuant to O.C.G.A. § 19-9-62 (a) (2) because neither the child nor the parents resided in Georgia. 
Frazier v. Godley Park Homeowners Association, Inc. et al., A17A1842
Georgia Court of Appeals, Civil Case (8/17/2017, 9/12/2017)
TORTS:
The trial court properly granted defendants' motion for summary judgment in action arising out of a 4-year-old boy's drowning death at a community swimming pool during a Fourth of July celebration because even if the child was an invitee, rather than a trespasser, and defendants owed him a duty of ordinary care, the evidence failed to show any type of negligence on the part of defendants that contributed to the child's drowning death.
Grange Indemnity Insurance Company v. BeavEx, Inc., A17A1722
Georgia Court of Appeals, Civil Case (8/16/2017, 9/11/2017)
TORTS:
The trial court properly granted defendant's motion for summary judgment in plaintiffs' action seeking to impose vicarious liability for a motor vehicle collision involving a driver defendant hired as an independent contractor.
Lewis v. The State, S17A1143
Supreme Court of Georgia, Criminal Case (8/14/2017, 9/11/2017)
CRIMINAL PRACTICE:
The evidence corroborating a hitman's testimony implicating defendant in a botched murder-for-hire scheme was sufficient to support defendant's convictions for malice murder and other crimes after the hitman killed the wrong man. 
Jackson v. The State, S17A1266
Supreme Court of Georgia, Criminal Case (8/14/2017, 9/11/2017)
CRIMINAL PRACTICE:
The evidence supported defendant's convictions for felony murder and associated crimes and defendant failed to prove his ineffective assistance of counsel claim based on defense counsel's failure to object to State's closing argument, as any objection would have been meritless. 
Walker-Madden v. The State, S17A0937
Supreme Court of Georgia, Criminal Case (8/14/2017, 9/11/2017)
APPEALS:
The Supreme Court dismissed defendant's appeal from the entry of a new sentence on remand following his convictions for murder and aggravated assault, as the issues raised in his appeal had previously been decided.
Terry v. The State, S17A1326
Supreme Court of Georgia, Criminal Case (8/14/2017, 9/8/2017)
APPEALS:
Defendant was not entitled to appointed counsel on appeal because his motion to withdraw his guilty plea was untimely and only a timely motion to withdraw his plea would have triggered his right to appointed counsel.
Stuckey v. The State, S17A1175
Supreme Court of Georgia, Criminal Case (8/14/2017, 9/8/2017)
CRIMINAL PRACTICE:
The evidence supported defendant's convictions for malice murder and first-degree arson after he killed his grandmother and set her and her house on fire and he failed to prove his several ineffective assistance of counsel claims. 
In The Matter of James Hugh Potts, II, S17Y0883
Supreme Court of Georgia, Civil Case (8/14/2017, 9/8/2017)
LEGAL PROFESSION:
The Supreme Court dismissed a disciplinary matter recommending that attorney receive a public reprimand as substantially similar reciprocal discipline, due to his 6-month "suspension" from the "Trial Bar" for the United States District Court for the Northern District of Illinois, as the discipline imposed on the attorney in Illinois did not qualify as a "suspension" within the meaning of the Georgia Rules of Professional Conduct as reciprocal discipline was therefore not proper. 
Brooks v. The State, S17A1065
Supreme Court of Georgia, Criminal Case (8/14/2017, 9/8/2017)
APPEALS:
The Court vacated the trial court's order denying defendant's motion to withdraw his guilty plea, because the motion was untimely so the trial court should have dismissed the motion, rather than denying it, but the Court affirmed the denial of his request for counsel and the denial of his motion for an out-of-time appeal. 
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