Court Opinions

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Recent opinions released by Georgia's Appellate courts
Hill et al. v. Iles, A17A1079
Georgia Court of Appeals, Civil Case (9/15/2017, 10/10/2017)
FAMILY LAW:
The trial court was not authorized to award custody to father because the only issue before the trial court was father's appeal of the denial of his motion to vacate the temporary letters of guardianship.
Whatley v. The State, A17A0940
Georgia Court of Appeals, Criminal Case (9/14/2017, 10/10/2017)
CRIMINAL PRACTICE:
The evidence supported defendant's convictions for kidnapping, aggravated assault, two counts of robbery and two counts of false imprisonment and defendant failed to prove his several ineffective assistance of counsel claims. 
McDowell v. Bowers et al., A17A0948
Georgia Court of Appeals, Civil Case (9/14/2017, 10/10/2017)
FAMILY LAW:
The trial court erred in permitting the child's biological grandparents to intervene in a non-relative third party's petition to adopt the child because the grandparents were not permitted under Georgia law to intervene under the circumstances presented in this case.
McConnell et al. v. Georgia Department of Labor, S16G1786
Supreme Court of Georgia, Civil Case (9/13/2017, 10/9/2017)
GOVERNMENT:
The Court of Appeals erred in failing to address sovereign immunity in its decision affirming the dismissal of a class action suit against the Georgia Department of Labor arising from the Department's disclosure of the proposed class members' personal information in an email sent to approximately 1,000 Georgians.
Daniels v. The State, S17A0931
Supreme Court of Georgia, Criminal Case (9/13/2017, 10/9/2017)
CRIMINAL PRACTICE:
The evidence supported defendants' convictions for felony murder, violations of the Street Gang Terrorism and Prevention Act and other crimes. 
Wilson v. The State, S17A0950
Supreme Court of Georgia, Criminal Case (9/13/2017, 10/9/2017)
CRIMINAL PRACTICE:
Although the evidence supported defendant's convictions, the Court vacated defendant's sentence and remanded for resentencing based on merger errors. 
Williams v. Heard, S17A1004
Supreme Court of Georgia, Civil Case (9/13/2017, 10/9/2017)
ELECTION LAW:
Candidate's challenge to the results of a primary election for a seat on a county board of education was moot because the general election had already taken place and she took no action to ensure that her challenge to the primary election results was considered in a timely manner.
In The Matter Of Anthony Sylvester Kerr, S17Y1623
Supreme Court of Georgia, Civil Case (9/13/2017, 10/6/2017)
LEGAL PROFESSION:
The Supreme Court disbarred an attorney in connection with his conduct in three disciplinary matters. 
Neely v. The State, S17A1145
Supreme Court of Georgia, Criminal Case (9/13/2017, 10/6/2017)
CRIMINAL PRACTICE:
The evidence supported defendant's convictions for malice murder and possession of a firearm in the commission of a felony and he failed to prove that his trial counsel rendered ineffective assistance in failing to call a number of witnesses. 
Arnold v. The State, S17A1041
Supreme Court of Georgia, Criminal Case (9/13/2017, 10/6/2017)
CRIMINAL PRACTICE:
Although defendant argued on appeal that State failed to prove beyond a reasonable doubt that he was not justified in shooting the victim, questions about the existence of justification were for the jury to decide, and the evidence supported the jury's determination that State met its burden.
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