Court Opinions

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Recent opinions released by Georgia's Appellate courts
Holiday v. State of GA, A15A0591; A15A0593
Georgia Court of Appeals, Criminal Case (7/2/2015, 8/4/2015)
CRIMINAL PRACTICE: Forfeiture, Methamphetamine Trafficking
The trial court did not err in finding the defendants' property subject to forfeiture, as they knew or should have known that their relative was using the property for selling methamphetamine.
Busby v. State, A15A0675
Georgia Court of Appeals, Criminal Case (6/29/2015, 8/4/2015)
CRIMINAL PRACTICE: Aggravated Battery, Aggravated Assault, Cruelty to Children, Merger
The trial court did not err in failing to merge two counts of aggravated battery under the Family Violence Act, since the evidence was sufficient for a jury to determine that the defendant's 11-week-old daughter was battered more than once in separate incidents.
In the Interest of S. O. C., A15A0533
Georgia Court of Appeals, Civil Case (7/2/2015, 8/4/2015)
FAMILY LAW: Parental Rights, Deprivation
The evidence did not clearly and convincingly show that the child's continued deprivation will cause or is likely to cause him harm.
Hartzler v. State, A15A0321
Georgia Court of Appeals, Criminal Case (6/30/2015, 8/4/2015)
CRIMINAL PRACTICE: Vehicular Homicide, DUI, Confrontation Right, Jury Charges
The evidence supported the defendant's DUI and vehicular homicide convictions arising after he made a sharp left turn, causing his passenger to be thrown from his door-less Jeep.
Pinkney v. State, A15A0205
Georgia Court of Appeals, Criminal Case (7/2/2015, 8/4/2015)
CRIMINAL PRACTICE: Attempted Armed Robbery, False Imprisonment, Burglary, Attempted Burglary, Mistrial, Opening Statement
The defendant was not entitled to a mistrial based on defense counsel's misstatement of evidence during his opening argument, since the misstatement was later corrected.
McDonald v. West Point Food Mart Inc., A15A0716
Georgia Court of Appeals, Civil Case (7/2/2015, 8/3/2015)
TORTS: Trip & Fall
The defendant convenience store's failure to protect the plaintiff from tripping over an item temporarily placed on the floor by a customer behind her in the checkout line was not a breach of its duty of ordinary care.
In re Estate of Thompson, A15A0558
Georgia Court of Appeals, Civil Case (7/6/2015, 8/3/2015)
FAMILY LAW: Guardianship
The trial court erred in refusing counsel's request to cross-examine the adult ward's guardian ad litem at a hearing on an appeal from the probate court's order granting guardianship of the ward to her father, rather than her grandmother, since the clear language of O.C.G.A. § 29-9-3 prohibits an attorney from acting as both an advocate and a guardian ad litem.
Morales v. State, A15A0488
Georgia Court of Appeals, Criminal Case (7/7/2015, 8/3/2015)
CRIMINAL PRACTICE: Methamphetamine Trafficking, Methamphetamine Possession with Intent to Distribute, Methamphetamine Possession, Marijuana Possession with Intent to Distribute, Marijuana Possession, Party to Crime, Flight
The evidence did not support the defendant's drug convictions, as the State failed to show that he possessed any of the contraband discovered at a residence he had been visiting.
Miller v. Lomax, A15A0447
Georgia Court of Appeals, Civil Case (7/6/2015, 8/3/2015)
CIVIL PRACTICE: Dismissal
The trial court did not err in dismissing the plaintiffs' action pursuant to Georgia's 5-year rule, as no written order had been taken in the case for a period of five years.
The City of Fitzgerald v. Caruthers, A15A0442
Georgia Court of Appeals, Civil Case (7/2/2015, 8/3/2015)
TORTS: Negligence, Immunity
The defendant city was not entitled to summary judgment on the plaintiff's claims alleging that the city was liable for the failure to remove a decayed tree limb that crashed down on him while he was standing at the curb of a public road.
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