Court Opinions

Recent opinions released by Georgia's Appellate courts
Barney v. State, A15A1528
Georgia Court of Appeals, Criminal Case (9/15/2015, 10/7/2015)
CRIMINAL PRACTICE: Sentencing, Recidivist, Jury Charges, Accomplice, Burglary, Effective Assistance of Counsel
Upon resentencing, the trial court was required to acknowledge on the record that it was aware of its discretion to suspend or probate a portion of the defendant's 20-year required sentences on his burglary convictions as a recidivist with three prior convictions.
Jones v. State, A15A1011
Georgia Court of Appeals, Criminal Case (9/15/2015, 10/7/2015)
CRIMINAL PRACTICE: Aggravated Child Molestation, Aggravated Sexual Battery, Incest, Child Molestation, Statutory Rape, Sentencing, Merger
Separate facts supported the defendant's convictions for incest by committing sodomy on his niece and his conviction for the statutory rape of the same victim, and those convictions therefore did not merge.
State v. Quarterman, A15A1237
Georgia Court of Appeals, Criminal Case (9/15/2015, 10/7/2015)
CRIMINAL PRACTICE: Search & Seizure, Flight
The defendant's flight, coupled with the circumstances of the traffic stop at issue, provided the arresting officer with at least a reasonable, articulable suspicion to warrant further investigation.
Robertson v. Robertson, A15A0892
Georgia Court of Appeals, Civil Case (9/23/2015, 10/7/2015)
EQUITY: Implied Trust, Constructive Trust
The trial court erred in denying the plaintiff ex-wife's claim seeking enforcement of an implied trust against the defendant ex-husband, as a reasonable jury could find that allowing the defendant to retain sole ownership of a property worth nearly $300K that the parties purchased and invested in together from the 1990s until 2012 would result in an inequitable windfall recovery to him.
Roach v. Breeden, A15A0891
Georgia Court of Appeals, Civil Case (9/21/2015, 10/6/2015)
FAMILY LAW: Child Custody, Paternity, Legitimation, Uniform Child Custody Jurisdiction Act
The Georgia juvenile court did not have jurisdiction to modify the Tennessee juvenile court's initial custody determination regarding the parties' minor child.
Jones v. Deutsche Bank Nat'l Trust Co., A15A1571
Georgia Court of Appeals, Civil Case (9/10/2015, 10/6/2015)
APPEALS: Notice of Appeal, Dismissal, Costs
The trial court did not abuse its discretion in dismissing the appellant's notice of appeal based on his delay in paying the cost bill for the appellate record.
State v. Stockhoff, A15A1569
Georgia Court of Appeals, Criminal Case (9/16/2015, 10/6/2015)
CRIMINAL PRACTICE: Mistrial, Double Jeopardy
Double jeopardy did not bar retrial because the defendant impliedly consented to the trial judge's sua sponte declaration of a mistrial when he failed to timely object to such.
Talbot Constr. Inc. v. Triad Drywall LLC, A15A1097
Georgia Court of Appeals, Civil Case (9/16/2015, 10/6/2015)
CIVIL PRACTICE: Counterclaim
An appellate court cannot properly review a decision to deny leave to add a compulsory counterclaim where it appears the trial court stopped short of considering all the provisions of O.C.G.A. § 9-11-13 subsection (f).
Ruffin v. State, A15A1109
Georgia Court of Appeals, Criminal Case (9/9/2015, 10/5/2015)
EVIDENCE: Continuing Witness Rule
The trial court did not violate the continuing witness rule in allowing an anatomical diagram, which an expert used to illustrate her testimony about the victim's injuries, to go out with the jury during deliberations.
Black v. Ferlingere, A15A1040
Georgia Court of Appeals, Civil Case (9/9/2015, 10/5/2015)
FAMILY LAW: Child Custody, Child Support
The trial court's final order in the parties' dispute over custody and child support did not contain the statutorily required findings of fact and attached documentation to support the child support ruling.
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