Recent opinions released by Georgia's Appellate courts
In the Interest of B. L., A15A1480; A15A1481
Georgia Court of Appeals, Criminal Case (9/22/2015, 10/13/2015)
CRIMINAL PRACTICE: Juveniles, Sentencing
The juvenile court did not err in denying motions to dismiss delinquency petitions filed against two juveniles, as it complied with the statutory limits on confinement provided in O.C.G.A. §§ 15-11-601 and 15-11-604.
Molette v. City of Forest Park, A15A1224
Georgia Court of Appeals, Civil Case (9/28/2015, 10/13/2015)
CIVIL PRACTICE: Service of Process, Jurisdiction
Pursuant to O.C.G.A. § 9-11-4 subsection (e) (5) and the charter of the defendant city, the city attorney was not an agent authorized to receive service of process for the city, and the trial court thus properly denied the plaintiff's motion for default judgment based on the city's failure to file an answer.
Kirkland v. State, A15A1143
Georgia Court of Appeals, Criminal Case (9/28/2015, 10/13/2015)
CRIMINAL PRACTICE: Aggravated Child Molestation, Effective Assistance of Counsel
The fact that the then-4-year-old child molestation victim was unresponsive to certain questions on the witness stand did not render her out-of-court statements regarding the sexual abuse inadmissible under Georgia's former child hearsay statute or violate the defendant's Sixth Amendment confrontation rights.
Monolith Companies LLC v. Hunter Douglas Hospitality Inc., A15A1096
Georgia Court of Appeals, Civil Case (9/24/2015, 10/13/2015)
CIVIL PRACTICE: Discovery, Admissions
Although the plaintiff served its requests for admission on the defendant shortly after the expiration of the 6-month discovery period provided in Uniform Superior Court Rule 5.1, the trial court did not err in granting summary judgment to the plaintiff after the defendant failed to respond to the requests, thereby admitting that it was indebted to the plaintiff in the amount alleged in the complaint.
State v. Gunn, A15A1521
Georgia Court of Appeals, Criminal Case (9/23/2015, 10/12/2015)
CRIMINAL PRACTICE: Family Violence Battery
Under the particular facts and circumstances of this case, the trial court erred in excluding a 911 call the non-testifying purported victim made and relying on transcripts of the call instead.
Cruz v. Paredes, A15A1467
Georgia Court of Appeals, Civil Case (9/22/2015, 10/12/2015)
LEGAL PROFESSION: Fee Dispute, Attorney's Lien
The superior court erred in reversing the decision of the Workers' Compensation Board based on a finding that the attorney fee contract provision at issue was plain and unambiguous.
State v. Baxter, A15A1272
Georgia Court of Appeals, Criminal Case (9/22/2015, 10/12/2015)
CRIMINAL PRACTICE: Juveniles, Aggravated Sexual Battery, Indictment, Jurisdiction
A juvenile defendant cannot waive the 180-day time limitation set forth in O.C.G.A. § 17-7-50.1 for the State to obtain an indictment against the juvenile defendant.
Royal v. Georgia Farm Bureau Mut. Ins. Co., A15A1250
Georgia Court of Appeals, Civil Case (9/23/2015, 10/12/2015)
INSURANCE LAW: Coverage, Exclusion
The plaintiff was excluded from coverage under his employer's auto insurance policy because he was an employee, rather than an independent contractor, at the time of the accident at issue.
Campbell v. State, A15A1343
Georgia Court of Appeals, Criminal Case (9/16/2015, 10/9/2015)
CRIMINAL PRACTICE: Restraint During Trial, Right to Fair Trial, Riot in a Penal Institution, Obstructing an Officer
The trial court did not abuse its discretion in requiring the defendant to wear an electronic shock device at trial as a security measure.
Best Buy Co. v. McKinney, A15A1278
Georgia Court of Appeals, Civil Case (9/28/2015, 10/9/2015)
WORKERS COMPENSATION: Subrogation
The employer was not entitled to enforce its workers' compensation subrogation lien against a settlement reached between a former employee and certain third-party tortfeasors, as it failed to prove that the former employee had been fully and completely compensated for his losses resulting from a fall off a forklift.
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