Court Opinions

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Recent opinions released by Georgia's Appellate courts
In The Interest of A. C., a child., A17A0788
Georgia Court of Appeals, Civil Case (9/29/2017, 10/17/2017)
CRIMINAL PRACTICE:
The evidence supported the juvenile court's adjudication of delinquency on one count of theft by receiving stolen property after an officer observed the juvenile running from a stolen vehicle. 
Georgia Department Of Public Safety v. Johnson, A17A0958
Georgia Court of Appeals, Civil Case (9/28/2017, 10/17/2017)
CIVIL PRACTICE:
The trial court erred in deferring its ruling a motion to dismiss based on sovereign immunity until trial on the merits, because the factors controlling the trial court's exercise of discretion under O.C.G.A. § 9-11-12 subsection (d) were clearly balanced in favor of prompt pre-trial determination of the motion.
Watson Used Cars, LLC v. Kirkland et al, A17A1771
Georgia Court of Appeals, Civil Case (10/4/2017, 10/17/2017)
TORTS:
The trial court erred in denying defendant's motion for summary judgment in sheriff's deputy's suit to recover for injuries he sustained in an automobile collision while on duty because the Fireman's Rule applied and precluded recovery. 
Mitchell v. The State, A17A2012
Georgia Court of Appeals, Criminal Case (10/4/2017, 10/17/2017)
CRIMINAL PRACTICE:
The trial court properly imposed a felony sentence following defendant's conviction for family violence battery because defendant had a prior conviction for family violence battery and the rule of lenity did not apply. 
Mayor and city council of the city of Richmond Hill et al. v. MAIA, A15A2334
Georgia Court of Appeals, Civil Case (9/27/2017, 10/16/2017)
TORTS:
Defendants were entitled to summary judgment on plaintiff's wrongful death claims arising from her 14-year-old daughter's suicide because plaintiff could not demonstrate proximate cause.
Anderson v. Laureano, A17A0986
Georgia Court of Appeals, Civil Case (9/27/2017, 10/16/2017)
APPEALS:
The Court of Appeals dismissed appellant's appeal due to lack of jurisdiction based on appellant's failure to follow the discretionary appeal procedure. 
Davis v. The State, A17A1008
Georgia Court of Appeals, Criminal Case (9/27/2017, 10/16/2017)
CRIMINAL PRACTICE:
The trial court did not abuse its discretion in allowing State to present evidence that defendant had previously infected another a person with HIV in his trial for two counts of reckless conduct in violation of O.C.G.A. § 16-5-60 subsection (c) arising after he infected another with HIV.
In The Interest Of C. H. et al., children., A17A1320
Georgia Court of Appeals, Civil Case (9/27/2017, 10/13/2017)
FAMILY LAW:
The juvenile court violated parents' due process rights, including their right to counsel, and therefore erroneously denied parents' motion to set aside the custody orders awarding temporary custody of their children to the Department of Family and Children Services. 
Diaz v. The State, A17A1333
Georgia Court of Appeals, Criminal Case (9/27/2017, 10/13/2017)
CRIMINAL PRACTICE:
Defendant could not show that he was prejudiced by his attorney's alleged deficiency in failing to properly inform him of the immigration consequences of pleading guilty to possession of a controlled substance and he, therefore, could not prove his ineffective assistance of counsel claim and the trial court properly denied his motion to withdraw his guilty plea. 
Tyson et al. v. Scottsdale Indemnity Company, A17A1824
Georgia Court of Appeals, Civil Case (9/27/2017, 10/13/2017)
INSURANCE LAW:
The trial court properly granted summary judgment to insurer in plaintiff's suit arising after he suffered serious injuries when he was hit by a tree limb while on the job, as the trial court did not err in ruling that the insurance policy excluded plaintiff from coverage. 
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