Court Opinions

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Recent opinions released by Georgia's Appellate courts
Daniel v. The State, S17G0107
Supreme Court of Georgia, Criminal Case (8/14/2017, 9/7/2017)
CRIMINAL PRACTICE:
Defendant was not entitled to a new trial based on the trial court's refusal to give a charge on criminal trespass in his trial for burglary because there was no evidence to support such a charge. 
In The Matter Of Michael Bernard King., S17Y1470
Supreme Court of Georgia, Civil Case (8/14/2017, 9/7/2017)
LEGAL PROFESSION:
The Supreme Court imposed a public reprimand against attorney and suspended him from the practice of law until such time as attorney appears for that reprimand to be administered based on his violations of Rules 1.2, 1.3, and 3.2 of the Georgia Rules of Professional Conduct.
In The Matter Of Gerald W. Fudge., S17Y1653
Supreme Court of Georgia, Civil Case (8/14/2017, 9/7/2017)
LEGAL PROFESSION:
The Supreme Court accepted an attorney's petition for voluntary surrender of his license to practice law after he pleaded guilty to conspiracy to commit bank fraud.
Coleman v. The State, S17A1129
Supreme Court of Georgia, Criminal Case (8/14/2017, 9/7/2017)
CRIMINAL PRACTICE:
In defendant's murder trial, there was sufficient evidence to support the jury's determination that venue in Newton County was proper as an accomplice testified that he witnessed the shooting occur in that county and police found the victim's body in the trunk of a burning car in that county. 
Rice v. The State, S17A0982
Supreme Court of Georgia, Criminal Case (8/14/2017, 9/6/2017)
CRIMINAL PRACTICE:
The trial court did not err in finding that defendant entered his guilty plea to felony murder voluntarily and that he failed to prove that he received ineffective assistance of counsel because his attorney did not have adequate time to prepare for trial. 
Kuhn v. The State, S17A0919
Supreme Court of Georgia, Criminal Case (8/14/2017, 9/6/2017)
CRIMINAL PRACTICE:
The evidence supported defendant's convictions for murder and related offenses in connection with the shooting death of his stepfather and the Court concluded that the motion for new trial judge did not err in denying defendant's request to have the trial judge preside over his motion for new trial hearing, as O.C.G.A. § 5-5-432 clearly authorizes a judge who did not try a case to preside over and decide a motion for new trial.
Flesch v. Flesch, S17F1231
Supreme Court of Georgia, Civil Case (8/14/2017, 9/6/2017)
FAMILY LAW:
Although wife's retirement account predated the marriage, the record showed that she placed marital assets into the account during the marriage; accordingly, the trial court erred in finding that the retirement account was entirely separate, non-marital property.
Brewner v. The State, S17A1103
Supreme Court of Georgia, Criminal Case (8/14/2017, 9/6/2017)
CRIMINAL PRACTICE:
The evidence supported defendant's convictions for murder and numerous other crimes in connection with a home invasion; although defendant may not have been present for the home invasion, there was ample evidence of his knowledge of and participation in the planning of the crimes, and his contact with and assistance to the perpetrators before and after the crimes occurred.
Wilson et al. v. Moore, A17A0754
Georgia Court of Appeals, Civil Case (8/15/2017, 9/5/2017)
FAMILY LAW:
The Court vacated the order granting biological father's petition to legitimate a minor child, as the trial court failed to consider the legal effect of another man's administrative legitimation of the child. 
D'Antignac v. Deere & Company d/b/a John Deere Commercial Products, Inc., A17A0910
Georgia Court of Appeals, Civil Case (8/16/2017, 9/5/2017)
CIVIL PRACTICE:
The doctrine of judicial estoppel barred plaintiff's claims against her employer for intentional infliction of emotional distress and negligent retention because she failed to disclose the claims in a prior Chapter 13 bankruptcy case.
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