Court Opinions

Recent opinions released by Georgia's Appellate courts
In the Interest of M. F., S15A0840
Supreme Court of Georgia, Civil Case (11/23/2015, 11/30/2015)
FAMILY LAW: Guardianship, Parental Rights
The father's petition for a modification, vacatur or revocation of a permanent guardianship stated a claim upon which relief could be granted, because the father resolving his substance abuse problems, resulting in his becoming a fit parent, amounted to "a material change in the circumstances of the child" under O.C.G.A. § 15-11-244 subsection (c).
Anderson v. Southern Home Care Servs. Inc., S15Q1127
Supreme Court of Georgia, Civil Case (11/23/2015, 11/30/2015)
EMPLOYMENT: Minimum Wage, Fair Labor Standards Act
Employees whose jobs consist of providing in-home personal support services to their employers' clients and who are exempted from the federal minimum wage law are not exempt from Georgia's minimum wage law.
Harper v. State, S15A1248
Supreme Court of Georgia, Criminal Case (11/23/2015, 11/30/2015)
CRIMINAL PRACTICE: Murder, Armed Robbery, Party to Crime
The evidence supported the defendant's conviction for felony murder while in the commission of armed robbery after he enlisted another man to rob a convenience store manager.
Tolbert v. State, S15A1073
Supreme Court of Georgia, Criminal Case (11/23/2015, 11/30/2015)
CRIMINAL PRACTICE: Murder, Firearms Offense, Effective Assistance of Counsel
The defendant failed to show that trial counsel's theoretical division of loyalties based on his concurrent representation of the defendant and a co-defendant ripened into an actual conflict of interest that significantly and adversely affected the adequacy of the lawyer's representation of him at trial.
Brower v. State, A15A1314
Georgia Court of Appeals, Criminal Case (10/27/2015, 11/25/2015)
CRIMINAL PRACTICE: Kidnapping, Terroristic Threat, Possession of a Knife, Intent, Mental Illness
The trial court properly excluded the defendant's expert's testimony about the defendant's Post-Traumatic Stress Disorder in her trial for offenses arising out of an incident in which the defendant and her husband took an attorney and his staff hostage, as the evidence was not admissible to negate the intent element of the crimes charged.
Platt v. State, A15A1608
Georgia Court of Appeals, Criminal Case (10/27/2015, 11/25/2015)
CRIMINAL PRACTICE: Voluntary Manslaughter, Party to Crime, Jury Selection
The evidence, although circumstantial, sufficiently supported the defendant's convictions as a party to the crimes arising out of a gunfight that resulted in the deaths of two men.
Bell v. Taylor, A15A1621
Georgia Court of Appeals, Civil Case (10/28/2015, 11/25/2015)
FAMILY LAW: Child Custody
The trial court's order granting joint legal custody of the child to the father and maternal grandmother, with the maternal grandmother having primary physical custody, did not evince any finding that the child would suffer physical or significant, long-term psychological harm if the father was awarded custody; rather, the type of harm the trial court noted fell within that level of stress and discomfort that was an acceptable price for reuniting a child with a parent.
Piedmont Hosp. Inc. v. D. M., A15A1572; A15A1573
Georgia Court of Appeals, Civil Case (10/28/2015, 11/25/2015)
TORTS: Medical Malpractice, Negligence, Fraud
The plaintiff's negligence and fraud claims were subject to the 5-year statute of repose because they arose out of the breach of a professional duty to inform the plaintiff that a blood test indicated he was HIV-positive and were thus considered classic medical malpractice claims.
Huff v. State, A15A1031
Georgia Court of Appeals, Criminal Case (10/27/2015, 11/24/2015)
CRIMINAL PRACTICE: Armed Robbery, Possession of a Knife, New Trial
The defendant was entitled to a new trial after the trial court violated O.C.G.A. § 17-8-57 by impermissibly commenting on the similarity and probative value of similar transaction evidence admitted at trial.
Dowdell v. Fitzgibbon, A15A1613
Georgia Court of Appeals, Civil Case (10/23/2015, 11/24/2015)
ADMINISTRATIVE LAW: Administrative Review
The Court reversed the superior court's reversal of the Fulton County Personnel Board's decision to suspend an employee rather than terminate him, finding that the superior court erred in basing its decision on certain county personnel regulations the employee allegedly violated when copies of those regulations were not properly before the court.
  1 - 10 of 25328 results