Court Opinions

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Recent opinions released by Georgia's Appellate courts
Pass v. Forestar GA Real Estate Grp. Inc., A16A0243
Georgia Court of Appeals, Civil Case (5/27/2016, 7/25/2016)
REAL PROPERTY: Public Road, Abandonment, Easement
The trial court erred in granting summary judgment to the plaintiff in its suit to enjoin the defendant from blocking the plaintiff's access to a roadway that ran through the defendant's property, since questions of fact remained as to whether the roadway and the plaintiff's right of access had been abandoned.
Patch v. State, A16A0524
Georgia Court of Appeals, Criminal Case (5/26/2016, 7/25/2016)
CRIMINAL PRACTICE: Computer or Electronic Pornography, Child Exploitation, Identification
The evidence sufficiently supported the defendant's convictions for three counts of computer or electronic pornography and child exploitation arising after he engaged in sexually explicit online communications with a person he believed to be a 14-year-old girl, but was actually a detective.
Murphy v. Freeman, A16A0423
Georgia Court of Appeals, Civil Case (5/26/2016, 7/25/2016)
APPEALS: Court of Appeals Rules (Revised), Failure to Cite Authority, Enumerations of Error
The Court found that the glaring deficiencies in the appellant's appellate brief rendered her enumerations of error abandoned under Court of Appeals Rule 25 subsection (c) (2) and imposed a penalty on the appellant's counsel.
Cash v. State, A16A0269
Georgia Court of Appeals, Criminal Case (5/27/2016, 7/25/2016)
CRIMINAL PRACTICE: DUI
The evidence did not support the defendant's conviction for DUI per se, because the State failed to tender the breath test results into evidence.
Bethea v. State, A16A0377
Georgia Court of Appeals, Criminal Case (5/26/2016, 7/22/2016)
CRIMINAL PRACTICE: Voluntary Manslaughter, Concealing Death of Another
The trial court did not abuse its discretion in excusing a juror and replacing her with an alternate after she indicated that she had reached an unwavering opinion fewer than two hours into the deliberations and that she no longer wanted to participate.
Wolf Creek Landfill LLC v. Twiggs Cnty., A16A0534
Georgia Court of Appeals, Civil Case (5/25/2016, 7/22/2016)
CONTRACTS: Breach of Contract, Statute of Limitation
The trial court erred in interpreting a contract as extending the limitation period for filing a breach of contract action based on the agreement, and the 6-year statute of limitation barred the plaintiff's suit.
Everhart v. State, A16A0652
Georgia Court of Appeals, Criminal Case (5/25/2016, 7/22/2016)
CRIMINAL PRACTICE: Cruelty to Children, Effective Assistance of Counsel, Indictment, Right to Be Present at Trial
The defendant's trial counsel provided ineffective assistance in failing to demur to the fatally defective indictment.
J. Squared Plumbing Co. Inc. v. City of Atlanta, A16A0489
Georgia Court of Appeals, Civil Case (5/26/2016, 7/22/2016)
GOVERNMENT: Contracts, Payment Bond
The plaintiff-subcontractor was limited to the exclusive remedy set forth in Georgia's payment bond statutes, O.C.G.A. §§ 36-91-90 and 36-91-91, in its suit to recover for work it performed on a city project after the general contractor failed to pay the subcontractor and the surety that issued the required payment bond had become insolvent.
Hudson v. Butler, A16A0455
Georgia Court of Appeals, Civil Case (5/25/2016, 7/22/2016)
UNEMPLOYMENT COMPENSATION: Unemployment Benefits
The Department of Labor's Board of Review erred in finding that the unemployment compensation applicant did not have "good cause" for quitting her job, because her health was placed in jeopardy by conditions on the job; accordingly, she was not disqualified from receiving unemployment benefits.
State v. Cook, A16A0432
Georgia Court of Appeals, Criminal Case (5/25/2016, 7/21/2016)
CRIMINAL PRACTICE: Marijuana Possession with Intent to Distribute, Search & Seizure
The State failed to meet its burden to prove that a warrantless search of the defendant's bag was lawful, and the trial court, therefore, properly granted the defendant's motion to suppress evidence seized from his bag in his prosecution for possession of marijuana with intent to distribute.
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