Court Opinions

FROM TO
Recent opinions released by Georgia's Appellate courts
Pittmon v. The State, A17A0963
Georgia Court of Appeals, Criminal Case (9/26/2017, 10/13/2017)
CRIMINAL PRACTICE:
The evidence supported defendant's convictions for battery, cruelty to children in the first degree and cruelty to children in the second degree after she burned a child in her care at a daycare center and failed to seek medical attention for him. 
Turner v. The State, A17A1045
Georgia Court of Appeals, Criminal Case (9/26/2017, 10/12/2017)
CRIMINAL PRACTICE:
The evidence supported defendant's conviction for first-degree homicide by vehicle after she "blacked out" and ran over the victim during an argument with the father of her children and his girlfriend. 
Simmons v. The State, A17A0712
Georgia Court of Appeals, Criminal Case (9/21/2017, 10/12/2017)
CRIMINAL PRACTICE:
The evidence supported defendant's conviction for aggravated assault and criminal attempt to commit armed robbery, but the trial court erred in failing to merge the two convictions for sentencing purposes. 
Reynolds v. CB&T, A17A0891
Georgia Court of Appeals, Civil Case (9/22/2017, 10/12/2017)
REAL PROPERTY:
The trial court erred in granting summary judgment to bank on plaintiff's claims for wrongful foreclosure, breach of contract, intentional and grossly negligent infliction of emotional distress, unjust enrichment and promissory estoppel because there were genuine issues of material fact remaining.
Green v. The State, A17A1017
Georgia Court of Appeals, Criminal Case (9/21/2017, 10/12/2017)
CRIMINAL PRACTICE:
The evidence was sufficient to support defendant's convictions for four counts of theft by taking after he endorsed checks and misrepresented that the checks were actually payable to him and then deposited the checks into his bank account. 
Solomon v. The State, A17A0760
Georgia Court of Appeals, Criminal Case (9/20/2017, 10/11/2017)
CRIMINAL PRACTICE:
Although the evidence supported defendant's conviction for burglary, the trial court erred when it sentenced him under the current rather than the former version of the burglary statute, O.C.G.A. § 16-7-1, and the Court, therefore, vacated his conviction and remanded for entry of conviction and resentencing under the proper statute. 
Harris v. The State, A17A0761
Georgia Court of Appeals, Criminal Case (9/18/2017, 10/11/2017)
CRIMINAL PRACTICE:
Although the evidence supported defendant's convictions for aggravated assault and possession of a firearm by a convicted felon, the trial court erred in failing to charge the jury on the lesser included offense of reckless conduct as an alternative to aggravated assault with a deadly weapon; accordingly, the Court reversed the aggravated assault conviction and remanded for a new trial. 
In the interest of E. G. L. B. et al., children., A17A0881
Georgia Court of Appeals, Civil Case (9/20/2017, 10/11/2017)
FAMILY LAW:
There was not clear and convincing evidence supporting the juvenile court's order terminating father's parental rights to his two minor children and the Court of Appeals thus vacated the order. 
Atkins v. The State, A17A1486
Georgia Court of Appeals, Criminal Case (9/20/2017, 10/11/2017)
CRIMINAL PRACTICE:
The trial court applied the wrong standard when reviewing appellant's motion for new trial based on general grounds, and the Court thus vacated the denial of her motion for a new trial following her convictions for aggravated child molestation and child molestation.
Garner v. The State, A17A1170
Georgia Court of Appeals, Criminal Case (9/15/2017, 10/10/2017)
CRIMINAL PRACTICE:
The trial court did not violate defendant's constitutional rights by requiring him to wear a shock belt during the course of his trial for aggravated assault and possession of a firearm during the commission of a crime or in allowing an extra metal detector to be placed outside the entrance of the courtroom. 
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