Court Opinions

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Recent opinions released by Georgia's Appellate courts
In the Matter of S. Carlton Rouse, S15Y1199
Supreme Court of Georgia, Civil Case (7/6/2015, 7/8/2015)
LEGAL PROFESSION: Review Panel Reprimand, Attorney-Client Relationship, Fee Dispute
The Supreme Court accepted an attorney's petition for voluntary discipline and imposed a Review Panel reprimand after the attorney failed to return a client's file and withdraw as counsel when the client requested such.
Elbert County v. Sweet City Landfill LLC, S15A0489
Supreme Court of Georgia, Civil Case (6/29/2015, 7/8/2015)
GOVERNMENT: Solid Waste Landfill
The trial court erred in its judgments regarding a county's solid waste disposal ordinance and a company's proposal for a solid waste landfill.
In the Matter of Russ F. Barnes, S15Y1050
Supreme Court of Georgia, Civil Case (7/6/2015, 7/8/2015)
LEGAL PROFESSION: Voluntary Surrender of License
The Supreme Court accepted an attorney's petition for voluntary surrender of his license to practice law after he withdrew approximately $275K from his law firm's trust account for his personal use.
In the Matter of Wayne P. Merisotis, S14Y1306; S14Y1307
Supreme Court of Georgia, Civil Case (7/6/2015, 7/8/2015)
LEGAL PROFESSION: Disbarment, Attorney-Client Relationship, Disciplinary Proceedings, Professionalism
The Supreme Court disbarred an attorney in connection with two Notices of Discipline and his violation of several of the Georgia Rules of Professional Conduct.
Savage v. State of Ga., S15A0277; S15A0278; S15A0279
Supreme Court of Georgia, Civil Case (6/29/2015, 7/8/2015)
GOVERNMENT: Bond Validation, Intergovernmental Contracts, Notice of Hearing
The Supreme Court affirmed the validation of revenue bonds that will be used to help finance a new stadium in Cobb County for the Atlanta Braves.
Reeves v. Webb, S15A0335; S15A0336
Supreme Court of Georgia, Civil Case (6/29/2015, 7/8/2015)
TRUSTS AND ESTATES: Petition to Probate Will
The probate court erred in dismissing a petition to probate a will in solemn form after finding that the propounder failed to make out a prima facie case to admit the will to probate in that he failed to introduce the subscribing witness to the will for examination at the hearing, since the will had an attached executed self-proving affidavit.
Hillman v. Johnson, S15A0097
Supreme Court of Georgia, Criminal Case (6/29/2015, 7/7/2015)
CRIMINAL PRACTICE: Habeas Corpus, Effective Assistance of Counsel, Firearms Offense, Sentencing, Recidivist, Armed Robbery, Burglary, Aggravated Assault
The Court reversed the denial of the appellant's petition for habeas corpus based on ineffective assistance of counsel, as he demonstrated that, but for his counsel's deficient performance in failing to raise an objection with respect to his recidivist sentence for his possession of a firearm by a convicted felon conviction, there was a reasonable probability that the trial court would have sentenced him to less than the maximum five years on that conviction because O.C.G.A. § 17-10-7 subsection (a) does not apply to the felon-in-possession statute.
Jones v. Boone, S15A0521
Supreme Court of Georgia, Civil Case (6/29/2015, 7/7/2015)
CIVIL PRACTICE: Quo Warranto Action, Standing
The trial court properly granted a writ of quo warranto after determining that the mayor of the City of Gordon did not possess the power to appoint the appellant as city attorney.
Davis v. VCP S. LLC, S15A0142; S15X0143
Supreme Court of Georgia, Civil Case (6/29/2015, 7/7/2015)
CIVIL PRACTICE: Civil Contempt
There was evidence to support the trial court's finding that the defendant was in both civil and criminal contempt of the order requiring her to take affirmative action to restore a company's Facebook page after she had the page deactivated during the course of a legal dispute with her late-husband's business partner over the ownership of the businesses and certain trademarks.
Marshall v. State, S15A0624
Supreme Court of Georgia, Criminal Case (6/29/2015, 7/7/2015)
CRIMINAL PRACTICE: Murder, False Statement, Effective Assistance of Counsel
The defendant failed to prove his several ineffective assistance of counsel claims after he was convicted of murder and making false statements to law enforcement officers.
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