Court Opinions

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Recent opinions released by Georgia's Appellate courts
Ellis v. State, S16A1246
Supreme Court of Georgia, Criminal Case (11/30/2016, 12/8/2016)
CRIMINAL PRACTICE: Perjury, Extortion, Juror as Witness
The Court reversed former DeKalb County CEO's convictions for perjury and attempt to commit theft by extortion due to certain evidentiary errors that occurred at trial.
Alexander v. Gibson, S16A1352
Supreme Court of Georgia, Civil Case (11/30/2016, 12/8/2016)
JUDGES: Mandamus
Clerk of the court had a clear duty to file appellee's motion to compel under the requested case number without making an independent determination about whether a new case number should have been assigned, and the trial court therefore properly granted appellee's petition for a writ of mandamus to force clerk to file the motion under the requested case number.
Yelverton v. State of GA, S16A1043
Supreme Court of Georgia, Criminal Case (11/30/2016, 12/8/2016)
CRIMINAL PRACTICE: Sex Offender Registry
The court below misconstrued the law concerning petitioner's eligibility for release from the sexual offender registration requirements; the Court, therefore, reversed the denial of his petition for release and remanded the case for further proceedings.
CertainTeed Corp. v. Fletcher, S15G1903
Supreme Court of Georgia, Civil Case (11/30/2016, 12/7/2016)
TORTS: Negligence, Toxic Tort
Manufacturer of asbestos-containing cement water pipe had no duty to warn daughter of man who worked with those pipes about the possible hazards associated with inhaling asbestos dust from its products.
Parks v. State, S16A1001
Supreme Court of Georgia, Criminal Case (11/30/2016, 12/7/2016)
CRIMINAL PRACTICE: Murder, Aggravated Assault, Firearms Offense, Self-Defense, Effective Assistance of Counsel
Although the trial court erred in admitting defendant's prior conviction in his trial for murder and other offenses, any error was harmless in light of the substantial evidence of his guilt.
In Re: Judicial Qualifications Comm'n Formal Advisory Op. No. 239, S15Z1633
Supreme Court of Georgia, Civil Case (11/30/2016, 12/7/2016)
APPEALS: Supreme Court Review, Jurisdiction, Reconsideration
The Supreme Court directed Judicial Qualifications Commission to reconsider Formal Advisory Opinion No. 239, which concerns Canon 2 (A) of the former Code of Judicial Conduct and the obligation of judges to respect and comply with the constitutional guarantee of the right of public access to judicial proceedings, consistent with the Court's opinion.
State v. Hall, A16A1704
Georgia Court of Appeals, Criminal Case (10/28/2016, 12/6/2016)
CRIMINAL PRACTICE: Battery, Immunity
The trial court properly granted police officer's motion for immunity from prosecution under O.C.G.A. § 16-3-24.2 after he was indicted for simple battery based on his use of force during an encounter with a homeowner who he believed was a potential burglar.
Green v. State, A16A1059
Georgia Court of Appeals, Criminal Case (10/31/2016, 12/6/2016)
CRIMINAL PRACTICE: Battery, Obstructing an Officer, Sentencing
The trial court did not abuse its discretion in admitting other acts evidence in defendant's trial for battery and obstruction of a law enforcement officer, as the evidence was relevant and admissible.
Seagraves v. State, A16A0951
Georgia Court of Appeals, Criminal Case (10/31/2016, 12/6/2016)
CRIMINAL PRACTICE: Guilty Plea, Aggravated Assault, Aggravated Battery, Reckless Driving, Effective Assistance of Counsel
Even assuming that defendant had a right to allocution when he entered his non-negotiated guilty plea to aggravated assault, aggravated battery and reckless driving, any such right was satisfied when counsel argued on defendant's behalf.
Holt v. State, A16A1360
Georgia Court of Appeals, Criminal Case (10/28/2016, 12/6/2016)
CRIMINAL PRACTICE: Double Jeopardy, Collateral Estoppel, Armed Robbery, Theft by Receiving
The trial court properly denied defendant's plea in autrefois convict, in which he asserted that his prior guilty plea and conviction for theft by receiving stolen property barred his pending prosecution for armed robbery and other offenses.
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