Court Opinions

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Recent opinions released by Georgia's Appellate courts
Conwell v. The State, A17A2068
Georgia Court of Appeals, Criminal Case (11/21/2017, 12/11/2017)
CRIMINAL PRACTICE:
Although the trial court properly determined defendant's recidivist status when it sentenced him following his convictions for aggravated assault with intent to rape, two counts of false imprisonment and rape, the sentence the trial court entered was illegal because it did not include a split sentence on the aggravated assault with intent to rape conviction in accordance with O.C.G.A. § 17-10-6.2 subsection (b).
Kimbrough et al. v. The State, A15A1738
Georgia Court of Appeals, Criminal Case (11/21/2017, 12/8/2017)
CRIMINAL PRACTICE:
The trial court erred in denying defendants' special demurrers seeking more detail about their alleged violations of the Georgia Racketeer Influenced Corrupt Organizations Act, because the indictment did not give defendants enough information about the charges to "prepare [their] defense intelligently."
Anthony v. The State, S17A0989
Supreme Court of Georgia, Criminal Case (11/2/2017, 12/7/2017)
CRIMINAL PRACTICE:
The evidence, including eyewitness identification, supported defendant's convictions for malice murder and possession of a firearm during the commission of a crime and he failed to prove his ineffective assistance of counsel claims as, among other things, post-trial counsel's subsequent disbarment did not itself show ineffective assistance in defendant's particular case.
Diversified Holdings, LLP v. City of Suwanee, S17A1140
Supreme Court of Georgia, Civil Case (11/2/2017, 12/7/2017)
ADMINISTRATIVE LAW:
The trial court properly affirmed a local zoning boards denial of landowner's application to rezone certain property, finding that the denial was not arbitrary or capricious because the propertys current zoning was substantially related to the publics health, safety, morality and welfare.
Avery et al. v. Paulding County Airport Authority et al, A17A0849
Georgia Court of Appeals, Civil Case (10/24/2017, 12/6/2017)
CIVIL PRACTICE:
The Court partially reversed the dismissal of three related declaratory judgment actions arising out of the efforts of a county and a county airport authority to apply for a commercial Airport Operating Certificate from the Federal Aviation Administration.
EMM Credit, LLC v. Alexander Remington et al., A17A1031
Georgia Court of Appeals, Civil Case (11/2/2017, 12/6/2017)
CIVIL PRACTICE:
The trial court properly found that creditor's fraudulent transfer claim was not assignable.
Curles et al. v. Psychiatric Solutions, Inc. et al., A17A1298
Georgia Court of Appeals, Civil Case (11/2/2017, 12/5/2017)
CIVIL PRACTICE:
The trial court erred in dismissing plaintiffs' third amended complaint alleging ordinary and medical negligence against the owners, operators, and employees of a psychiatric treatment facility that treated and released a patient who later killed her grandmother and her aunt's boyfriend.
Blevins v. The State, A17A0639
Georgia Court of Appeals, Criminal Case (10/30/2017, 12/5/2017)
CRIMINAL PRACTICE:
The trial court did not abuse its discretion in admitting certain other acts evidence in a middle school band director's trial for enticing a child for indecent purposes and child molestation arising out of his interactions with a student.
Fulton County, Georgia v. Soco Contracting Company, Inc., A17A1001
Georgia Court of Appeals, Civil Case (11/15/2017, 12/5/2017)
ATTORNEYS FEES:
The Court of Appeals vacated the denial of County's motion for summary judgment in construction company's suit arising out of a contract for the construction of a cultural center and remanded the case for further consideration because it did not appear that the trial court considered whether the parties strictly complied with the procedure for modifying the contract.
Gloria Silva v. Liberty Mutual Fire Insurance Company, A17A1503
Georgia Court of Appeals, Civil Case (11/14/2017, 12/4/2017)
INSURANCE LAW:
The trial court properly granted insurer's motion for summary judgment on insured's uninsured/underinsured motorist claim because insured failed as a matter of law to provide insurer with prompt notice of the underlying automobile collision and her personal injury suit against a third party as required for coverage under the terms of her insurance policy.
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