Court Opinions

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Recent opinions released by Georgia's Appellate courts
Summerville v. State, A15A0489
Georgia Court of Appeals, Criminal Case (6/26/2015, 7/28/2015)
CRIMINAL PRACTICE: Marijuana Trafficking, Traffic Offenses, Brady, Effective Assistance of Counsel
The evidence supported a finding that the defendant had knowledge that the marijuana officers discovered in the vehicle he was driving weighed more than 10 pounds, in accordance with former O.C.G.A. § 16-13-31 subsection (c).
Ross v. Waters, A15A0683
Georgia Court of Appeals, Civil Case (6/26/2015, 7/28/2015)
CIVIL PRACTICE: Venue, Dismissal
In a medical malpractice action against a dissolved corporation, venue was proper in the county wherein the dissolved corporation had its last registered office.
McCoy v. State, A15A0713
Georgia Court of Appeals, Criminal Case (6/26/2015, 7/28/2015)
CRIMINAL PRACTICE: Armed Robbery, Attempt to Elude an Officer, Obstructing an Officer, Intent
The trial court properly admitted similar transaction evidence in the defendant's trial for armed robbery, fleeing or attempting to elude a police officer, and obstruction of an officer, 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 prior act.
Georgia Dep't of Transp. v. Wyche, A15A0346
Georgia Court of Appeals, Civil Case (6/25/2015, 7/28/2015)
TORTS: Negligence, Immunity, Georgia Tort Claims Act
Sovereign immunity barred the plaintiff's claims against the DOT based on the actions of its independent contractors.
Black v. Bland Farms LLC, A15A0042; A15A1610
Georgia Court of Appeals, Civil Case (6/30/2015, 7/28/2015)
ADMINISTRATIVE LAW: Agriculture Regulation
A regulation authorizing the Georgia Commissioner of Agriculture to determine and announce a packing date each year for the Vidalia onion did not conflict with the Vidalia Onion Act, O.C.G.A. § 2-14-130 et seq..
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.
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