Court Opinions

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Recent opinions released by Georgia's Appellate courts
State v. Bragg, A15A0035
Georgia Court of Appeals, Criminal Case (6/26/2015, 7/27/2015)
CRIMINAL PRACTICE: Violation of the Employment Security Law, Statute of Limitation, Indictment
The statute of limitations barred the defendant's prosecution for violating Georgia's Employment Security Law by collecting unemployment benefits while employed, as the State failed to prove that the statute of limitation period was tolled.
Bostic v. State, A15A0600
Georgia Court of Appeals, Criminal Case (6/25/2015, 7/27/2015)
CRIMINAL PRACTICE: DUI, Arrest
The officer did not have probable cause to arrest the defendant for DUI less safe and the trial court therefore erred in denying his motion to suppress the results of his alcohol breath test obtained as a result of that arrest.
Caraway v. Spillers, A15A0162
Georgia Court of Appeals, Civil Case (6/25/2015, 7/27/2015)
REAL PROPERTY: Deed Cancellation, Title to Land
There was an issue of fact as to whether the defendants' possession of certain real property put the plaintiff, who was subsequently deeded the same property, on notice of the defendants' claim of title to the property.
Olds v. State, A15A0136
Georgia Court of Appeals, Criminal Case (6/26/2015, 7/27/2015)
CRIMINAL PRACTICE: False Imprisonment, Battery
The trial court properly admitted evidence of the defendant's extrinsic crimes and acts in his trial for false imprisonment and battery, as the evidence was relevant to show intent, the probative value was not substantially outweighed by its undue prejudice and there was sufficient proof that the defendant committed the extrinsic acts.
Benedek v. The Bd. of Regents of the Univ. Sys. of GA, A15A0088
Georgia Court of Appeals, Civil Case (6/24/2015, 7/27/2015)
CIVIL PRACTICE: Amending Complaint, Adding Parties, Dismissal
The trial court improperly denied the plaintiff's request to amend his complaint to add additional claims against the defendants because he was entitled to amend his complaint as a matter of right before entry of a pretrial order or a ruling on a dispositive motion.
Ramsey v. New Times Moving Inc., A15A0564
Georgia Court of Appeals, Civil Case (6/18/2015, 7/24/2015)
CONTRACTS: Breach of Contract, Fraud, Duress, Forum Selection Clause
The trial court erred in dismissing the plaintiff's breach of contract complaint for lack of jurisdiction and improper venue, since the original contract the plaintiff signed did not contain a forum selection clause, and accepting the allegations in the complaint as true, the second document the plaintiff signed, which did contain a forum selection clause, had no effect.
Scott v. State, A15A0740
Georgia Court of Appeals, Criminal Case (6/18/2015, 7/24/2015)
CRIMINAL PRACTICE: DUI, Juror Misconduct, Effective Assistance of Counsel, Jury Charges
The trial court did not err in refusing to dismiss a juror for alleged improper contact with the State's main witness in the defendant's DUI trial, since the juror testified that he was merely attempting to say hello, the witness rebuffed the attempt and that brief contact did not involve an exchange of information about the case.
Eubanks v. State, A15A0473
Georgia Court of Appeals, Criminal Case (6/23/2015, 7/24/2015)
CRIMINAL PRACTICE: Child Molestation, Intent, Jury Charges
Under the New Evidence Code, the trial court's instruction to the jury that it could consider the evidence of the defendant's prior act of child molestation to show a "disposition to commit the act of child molestation" was a correct statement of law and presented no basis for reversal.
Shelnutt v. The Mayor & Aldermen of the City of Savannah, A15A0381
Georgia Court of Appeals, Civil Case (6/18/2015, 7/24/2015)
CONTRACTS: Breach of Contract
The trial court erred in dismissing 50 Savannah firefighters' breach of contract lawsuit against the City alleging that they were paid less than they were owed under the terms of a pay policy.
Williams v. State, A15A0420
Georgia Court of Appeals, Criminal Case (6/17/2015, 7/23/2015)
CRIMINAL PRACTICE: Cocaine Possession, Cocaine Sale, Cocaine Possession with Intent to Distribute, Fatal Variance
There was a substantial basis for the trial court's grant of the State's motion in limine preventing the defendant from cross-examining a detective about a statement that "police can and will lie," which was published on a website with which the detective was allegedly affiliated.
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