Court Opinions

Recent opinions released by Georgia's Appellate courts
Hunt v. State, A15A2064
Georgia Court of Appeals, Criminal Case (3/29/2016, 6/3/2016)
CRIMINAL PRACTICE: Rape, Child Molestation, Aggravated Child Molestation, Cruelty to Children, Sentencing, Indictment, Effective Assistance of Counsel
The evidence supported the defendant's convictions on 16 counts of criminal conduct he committed against his stepdaughter, but the trial court erred in sentencing him on each count.
Jones v. Sabal Trail Transmission LLC, A15A2326
Georgia Court of Appeals, Civil Case (3/29/2016, 6/3/2016)
CIVIL PRACTICE: Declaratory Judgment, Notice of Hearing
The appellant property owner failed to show reversible error in the grant of declaratory judgment and injunctive relief authorizing a company to enter and survey her property for a proposed natural gas pipeline.
In the Interest of S. P., A15A2015; A15A2016
Georgia Court of Appeals, Civil Case (3/29/2016, 6/3/2016)
FAMILY LAW: Parental Rights, Child Custody, Guardianship
There was clear and convincing evidence supporting the termination of a mother's parental rights to her minor child and the award of permanent custody to the Department of Family and Children Services to be placed for adoption, as well as the juvenile court's refusal to appoint the child's maternal grandmother as her permanent guardian.
Shiv Aban Inc. v. Georgia Dep't of Transp., A15A2013; A15A2014
Georgia Court of Appeals, Civil Case (3/29/2016, 6/2/2016)
REAL PROPERTY: Condemnation
The property owner was entitled to prejudgment interest under O.C.G.A. § 32-3-19 subsection (c) in addition to the condemnation award, attorney fees and litigation expenses based on the Department of Transportation's sanctionable conduct.
Jefferson v. Houston Hosps. Inc., A15A1811; A15A1812; A15A2022
Georgia Court of Appeals, Civil Case (3/29/2016, 6/2/2016)
TORTS: Negligence, Fraud, Emotional Distress, Conversion, RICO, Vicarious Liability
The defendant hospital was entitled to summary judgment because the plaintiffs did not present sufficient evidence to sustain their claims under any asserted cause of action arising out of the misconduct of a hospital employee, who forged the plaintiffs' mammography reports instead of giving the images to a radiologist for review.
Davenport v. Davenport, S16F0279
Supreme Court of Georgia, Civil Case (5/23/2016, 6/1/2016)
CIVIL PRACTICE: Transcript, Motion to Compel
In a divorce proceeding, the trial court erred in denying the husband's motion to compel production of the trial transcript in the absence of a finding that the court made a ruling at the start of the trial that he refused to participate in paying takedown costs.
Amoakuh v. Issaka, S16A0534
Supreme Court of Georgia, Civil Case (5/23/2016, 6/1/2016)
FAMILY LAW: Child Custody, Child Support, Modification
Although there was evidence supporting the trial court's finding that the husband was in contempt and modifying child custody and child support, the Court vacated the award of attorney fees in connection with the contempt proceeding, because the trial court failed to make findings of fact regarding the relative financial circumstances of each party.
Stanbury v. State, S16A0321
Supreme Court of Georgia, Criminal Case (5/23/2016, 6/1/2016)
CRIMINAL PRACTICE: Murder, Firearms Offense, Jury Charges, Accomplice
The trial court committed plain error in not providing a jury charge on the necessity of corroborating accomplice testimony, and the Court therefore reversed the defendant's convictions for murder and possession of a firearm during the commission of a felony.
Hood v. State, S16A0064
Supreme Court of Georgia, Criminal Case (5/23/2016, 6/1/2016)
The evidence, including the defendant's own statement, was sufficient to authorize a rational jury to find the defendant guilty beyond a reasonable doubt of felony murder and the other crimes for which he was convicted and sentenced.
Hyde v. State, S16A0698
Supreme Court of Georgia, Criminal Case (5/23/2016, 5/31/2016)
CRIMINAL PRACTICE: Murder, Motion to Vacate Sentence, Recidivist
The defendant's sentence of life without the possibility of parole, which the trial court imposed under Georgia's recidivist statute, O.C.G.A. § 17-10-7 subsection (c), was void, because § 17-10-7 subsection (c) did not allow recidivist punishment for malice murder at that time, and the trial court thus erred in denying the defendant's motion to vacate a void sentence.
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