Court Opinions

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Recent opinions released by Georgia's Appellate courts
Camacho v. The State, A17A1253
Georgia Court of Appeals, Criminal Case (8/9/2017, 8/28/2017)
CRIMINAL PRACTICE:
The trial court did not err in charging the jury on the law of deliberate ignorance because the charge, as given, was a correct statement of the law and there was some evidence to support the charge in defendant's trial for trafficking in methamphetamine after he took possession of and drove a car containing over 44 kilograms of methamphetamine.
Puckett v. The State, A17A0968
Georgia Court of Appeals, Criminal Case (8/9/2017, 8/25/2017)
CRIMINAL PRACTICE:
The evidence was sufficient to support defendant's convictions as a party to the crimes of kidnapping, felony theft by taking a motor vehicle and two counts each of armed robbery and false imprisonment.
Barker v. The State, A17A1280
Georgia Court of Appeals, Criminal Case (8/8/2017, 8/25/2017)
CRIMINAL PRACTICE:
The trial court did not abuse its discretion in denying defendant's motion for an out-of-time appeal following his guilty plea to child molestation. 
Wooten, et al. v. Williams, et al., A17A1338
Georgia Court of Appeals, Civil Case (8/8/2017, 8/25/2017)
REAL PROPERTY:
The Court partially reversed the trial court's judgment in plaintiff's suit seeking to establish a private way over and across defendants' property and seeking the removal of any obstructions that had been placed on the alleged private way.
In the Interest of H. G. D. et al., A17A1034
Georgia Court of Appeals, Civil Case (8/8/2017, 8/24/2017)
FAMILY LAW:
The evidence in the record supported the juvenile court's finding that it was no longer in the best interests of the children to remain in the custody of their grandparents, and the juvenile court was authorized to change its order regarding temporary custody, hold a permanency hearing and award the Division of Family and Children Services custody of the children.
Kool Smiles/NcdR, LLC et al. v. Gonzalez, A17A0687
Georgia Court of Appeals, Civil Case (8/8/2017, 8/24/2017)
WORKERS COMPENSATION:
The Court of Appeals vacated the superior court's judgment partially reversing the State Board of Workers' Compensation award, as that judgment was a nullity because the award of the full Board was affirmed by operation of law when the judgment was not entered within 20 days of the hearing as required under O.C.G.A. § 34-9-105 (b).
Woodward v. The State, A17A0677
Georgia Court of Appeals, Criminal Case (8/8/2017, 8/23/2017)
CRIMINAL PRACTICE:
The evidence was sufficient to support defendant's convictions for arson and one count of aggravated assault-family violence after he set his family's house on fire with a grill lighter and with an aerosol spray can and then stabbed his stepfather multiple times. 
Foston v. The State, A17A1303
Georgia Court of Appeals, Criminal Case (8/8/2017, 8/23/2017)
CRIMINAL PRACTICE:
The evidence supported defendant's conviction and sentence for family violence battery, as State presented evidence that defendant and the victim were the parents of three children together and that defendant punched the victim during an altercation, causing her lip to split and bleed.
Barnwell v. Douglasville Auto Detail, LLC, et al., A17A0843
Georgia Court of Appeals, Civil Case (8/4/2017, 8/22/2017)
CIVIL PRACTICE:
The trial court erred in finding that it was without jurisdiction to adjudicate claims against defendant based on insufficient service because defendant failed to raise a defense of insufficiency of service and thus waived that defense.
Bradley v. The State, A17A0668
Georgia Court of Appeals, Criminal Case (8/4/2017, 8/22/2017)
CRIMINAL PRACTICE:
The Court affirmed defendant's convictions for aggravated child molestation, rape, and incest for sexually abusing his 15-year-old step-daughter but remanded the case to the trial court for consideration of his claim that his trial counsel was ineffective in failing to present evidence that DNA recovered from the victim was male DNA that did not match defendant. 
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