Court Opinions

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Recent opinions released by Georgia's Appellate courts
In The Matter of Vincent C. Otuonye, S18Y0141
Supreme Court of Georgia, Civil Case (10/16/2017, 11/1/2017)
LEGAL PROFESSION:
The Supreme Court accepted attorney's petition seeking the voluntary suspension of his license to practice law pending the outcome of an appeal of his criminal conviction.
Burson et al. v. Milton Hall Surgical Associates, LLC, A17A1317
Georgia Court of Appeals, Civil Case (10/13/2017, 11/1/2017)
EMPLOYMENT:
The trial court partially erred in denying former employees' motion to dismiss former employer's breach of contract claims against them arising out of their employment contracts, because certain provisions of the agreements were too indefinite to be enforceable. 
Henry v. The State, A17A0999
Georgia Court of Appeals, Criminal Case (10/13/2017, 10/31/2017)
CRIMINAL PRACTICE:
Although the trial court properly sentenced defendant as a recidivist to life in prison without the possibility of parole on his convictions for two counts of aggravated sodomy, the trial court erred in failing to impose a split sentence on his child molestation conviction; accordingly, the Court vacated the sentence and remanded for resentencing. 
Smith v. McTaggart, A17A0701
Georgia Court of Appeals, Civil Case (10/13/2017, 10/31/2017)
APPEALS:
Appellant failed to file a timely notice of appeal from a final order in child custody proceedings; consequently, the Court did not have jurisdiction over his case and dismissed the appeal. 
Six Flags Over Georgia II, LP et al. v. Martin; and vice versa, A15A0828
Georgia Court of Appeals, Civil Case (10/12/2017, 10/31/2017)
TORTS:
Amusement park was liable to plaintiff for injuries he sustained after gang members viciously attacked him at a bus stop outside the park, even though plaintiff suffered his injuries beyond park's premises and approaches, but the Court of Appeals erred in ruling that the case had to be retried in its entirety due to an apportionment error, because liability and the calculation of damages sustained were distinct from the apportionment of fault and the apportionment error required retrial only for the apportionment of damages.
Ivey v. McCorkle et al., A17A0796
Georgia Court of Appeals, Civil Case (10/13/2017, 10/31/2017)
GOVERNMENT:
The trial court erred in ruling that certain City ordinances did not conflict with the City's Charter in mayor's suit seeking declaratory and injunctive relief against City councilmembers. 
Stallings v. The State, A17A1116
Georgia Court of Appeals, Criminal Case (10/12/2017, 10/31/2017)
CRIMINAL PRACTICE:
The trial court partially erred in denying defendant's motion for new trial following her convictions for one count of armed robbery and one count of aggravated assault because the trial court's determination as to the admissibility of defendant's statement to police was based at least partly on a material factual finding that was clearly erroneous.
McNeal v. The State, S17A1290
Supreme Court of Georgia, Criminal Case (10/2/2017, 10/30/2017)
CRIMINAL PRACTICE:
The evidence supported defendant's convictions for malice murder and related crimes and the trial court did not err in refusing to give defendant's requested charge on accident, as the evidence did not support such a charge.
Faust v. The State, S17A1177
Supreme Court of Georgia, Criminal Case (10/2/2017, 10/30/2017)
CRIMINAL PRACTICE:
The evidence supported defendant's convictions for felony murder while in the commission of an aggravated assault and possession of a firearm during the commission of a felony after he shot and killed a man who was selling shoes out of his car.
Smith v. The State, S17A1170
Supreme Court of Georgia, Criminal Case (10/2/2017, 10/30/2017)
CRIMINAL PRACTICE:
The trial court did not abuse its discretion in allowing State's expert to testify that in his opinion the victimfs injuries were the result of abuse rather than accident and the Court, therefore, affirmed defendant's convictions for felony murder and other crimes in connection with the death of a 15-month-old girl.
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