Recent opinions released by Georgia's Appellate courts
In the Interest of A. A., A15A1221
Georgia Court of Appeals, Criminal Case (9/28/2015, 10/14/2015)
CRIMINAL PRACTICE: Juveniles, Firearms Offense, Venue, Obstructing an Officer
The State did not show that the firearm that fell from the juvenile's pocket as he was fleeing from an officer met the requirements of the firearms offenses with which he was charged under O.C.G.A. §§ 16-11-132 and 16-11-126, since the Georgia Code contains a very specific definition of the term "handgun."
Tucker v. Rogers, A15A0770
Georgia Court of Appeals, Civil Case (10/1/2015, 10/14/2015)
LEGAL PROFESSION: Legal Malpractice, Unauthorized Settlement
An issue of fact remained as to whether the attorney's actions in failing to file suit on behalf of his personal injury client fell below the standard of care in light of the parties' competing expert testimony.
Levin v. State, A15A1519
Georgia Court of Appeals, Criminal Case (10/1/2015, 10/14/2015)
CRIMINAL PRACTICE: Sentencing, Merger, Double Jeopardy, Aggravated Battery, Continuance
Double jeopardy did not bar resentencing on the merged count of aggravated battery after the defendant's conviction for kidnapping with bodily injury was reversed.
Fontaine v. State, A15A1044
Georgia Court of Appeals, Criminal Case (9/25/2015, 10/14/2015)
CRIMINAL PRACTICE: Methamphetamine Possession, Methamphetamine Possession with Intent to Distribute, Firearms Offense, Sentencing, Merger, Jurisdiction, Search & Seizure, Effective Assistance of Counsel
The defendant's conviction for possessing methamphetamine should have merged into his conviction for possessing methamphetamine with intent to distribute as a matter of fact.
In the Interest of B. L., A15A1480; A15A1481
Georgia Court of Appeals, Criminal Case (9/22/2015, 10/13/2015)
CRIMINAL PRACTICE: Juveniles, Sentencing
The juvenile court did not err in denying motions to dismiss delinquency petitions filed against two juveniles, as it complied with the statutory limits on confinement provided in O.C.G.A. §§ 15-11-601 and 15-11-604.
Molette v. City of Forest Park, A15A1224
Georgia Court of Appeals, Civil Case (9/28/2015, 10/13/2015)
CIVIL PRACTICE: Service of Process, Jurisdiction
Pursuant to O.C.G.A. § 9-11-4 subsection (e) (5) and the charter of the defendant city, the city attorney was not an agent authorized to receive service of process for the city, and the trial court thus properly denied the plaintiff's motion for default judgment based on the city's failure to file an answer.
Kirkland v. State, A15A1143
Georgia Court of Appeals, Criminal Case (9/28/2015, 10/13/2015)
CRIMINAL PRACTICE: Aggravated Child Molestation, Effective Assistance of Counsel
The fact that the then-4-year-old child molestation victim was unresponsive to certain questions on the witness stand did not render her out-of-court statements regarding the sexual abuse inadmissible under Georgia's former child hearsay statute or violate the defendant's Sixth Amendment confrontation rights.
Monolith Companies LLC v. Hunter Douglas Hospitality Inc., A15A1096
Georgia Court of Appeals, Civil Case (9/24/2015, 10/13/2015)
CIVIL PRACTICE: Discovery, Admissions
Although the plaintiff served its requests for admission on the defendant shortly after the expiration of the 6-month discovery period provided in Uniform Superior Court Rule 5.1, the trial court did not err in granting summary judgment to the plaintiff after the defendant failed to respond to the requests, thereby admitting that it was indebted to the plaintiff in the amount alleged in the complaint.
State v. Gunn, A15A1521
Georgia Court of Appeals, Criminal Case (9/23/2015, 10/12/2015)
CRIMINAL PRACTICE: Family Violence Battery
Under the particular facts and circumstances of this case, the trial court erred in excluding a 911 call the non-testifying purported victim made and relying on transcripts of the call instead.
Cruz v. Paredes, A15A1467
Georgia Court of Appeals, Civil Case (9/22/2015, 10/12/2015)
LEGAL PROFESSION: Fee Dispute, Attorney's Lien
The superior court erred in reversing the decision of the Workers' Compensation Board based on a finding that the attorney fee contract provision at issue was plain and unambiguous.
1 - 10 of 25201 results