Court Opinions

Recent opinions released by Georgia's Appellate courts
Brower v. State, A15A1314
Georgia Court of Appeals, Criminal Case (10/27/2015, 11/25/2015)
CRIMINAL PRACTICE: Kidnapping, Terroristic Threat, Possession of a Knife, Intent, Mental Illness
The trial court properly excluded the defendant's expert's testimony about the defendant's Post-Traumatic Stress Disorder in her trial for offenses arising out of an incident in which the defendant and her husband took an attorney and his staff hostage, as the evidence was not admissible to negate the intent element of the crimes charged.
Platt v. State, A15A1608
Georgia Court of Appeals, Criminal Case (10/27/2015, 11/25/2015)
CRIMINAL PRACTICE: Voluntary Manslaughter, Party to Crime, Jury Selection
The evidence, although circumstantial, sufficiently supported the defendant's convictions as a party to the crimes arising out of a gunfight that resulted in the deaths of two men.
Bell v. Taylor, A15A1621
Georgia Court of Appeals, Civil Case (10/28/2015, 11/25/2015)
FAMILY LAW: Child Custody
The trial court's order granting joint legal custody of the child to the father and maternal grandmother, with the maternal grandmother having primary physical custody, did not evince any finding that the child would suffer physical or significant, long-term psychological harm if the father was awarded custody; rather, the type of harm the trial court noted fell within that level of stress and discomfort that was an acceptable price for reuniting a child with a parent.
Piedmont Hosp. Inc. v. D. M., A15A1572; A15A1573
Georgia Court of Appeals, Civil Case (10/28/2015, 11/25/2015)
TORTS: Medical Malpractice, Negligence, Fraud
The plaintiff's negligence and fraud claims were subject to the 5-year statute of repose because they arose out of the breach of a professional duty to inform the plaintiff that a blood test indicated he was HIV-positive and were thus considered classic medical malpractice claims.
Huff v. State, A15A1031
Georgia Court of Appeals, Criminal Case (10/27/2015, 11/24/2015)
CRIMINAL PRACTICE: Armed Robbery, Possession of a Knife, New Trial
The defendant was entitled to a new trial after the trial court violated O.C.G.A. § 17-8-57 by impermissibly commenting on the similarity and probative value of similar transaction evidence admitted at trial.
Dowdell v. Fitzgibbon, A15A1613
Georgia Court of Appeals, Civil Case (10/23/2015, 11/24/2015)
ADMINISTRATIVE LAW: Administrative Review
The Court reversed the superior court's reversal of the Fulton County Personnel Board's decision to suspend an employee rather than terminate him, finding that the superior court erred in basing its decision on certain county personnel regulations the employee allegedly violated when copies of those regulations were not properly before the court.
Carroll Management Group LLC v. A Carpet & Paint LLC, A15A1298
Georgia Court of Appeals, Civil Case (10/27/2015, 11/24/2015)
CONTRACTS: Agency, Breach of Contract
The property management company had a duty to disclose its agency relationship with the complex owner to the vendor performing work at the complex in order to avoid liability for the payment of invoices for that work, and because the management company failed to disclose its agency status, it was liable for the expenses.
Riggs v. Highland Hills Apartments LLC, A15A1089
Georgia Court of Appeals, Civil Case (10/26/2015, 11/24/2015)
TORTS: Premises Liability, Trip & Fall
The trial court erred in granting summary judgment to the defendant landlord in the plaintiff's premises liability action arising after he tripped and fell in a common area at the apartment complex where he lived, as factual disputes remained with regard to causation and the landlord's superior knowledge.
Walker v. Tensor Machinery Ltd., S15Q1222
Supreme Court of Georgia, Civil Case (11/16/2015, 11/23/2015)
APPEALS: Certified Question
Under the apportionment statute, the jury could assess a percentage of fault to the non-party employer of the plaintiff who sued a product manufacturer and seller for failure to warn after the plaintiff was injured on the job, even though the non-party employer had immunity under O.C.G.A. § 34-9-11, the Workers' Compensation Act.
State v. Lewis, S15G0666
Supreme Court of Georgia, Criminal Case (11/16/2015, 11/23/2015)
CRIMINAL PRACTICE: Plea Bargain, Sentencing
Although it was the trial court's responsibility—not the State's—to determine whether the defendant breached a negotiated plea agreement by not testifying truthfully in his co-defendants' trials, the trial court failed to make an express finding on the issue when it declined to sentence the defendant in accordance with the State's recommendation, and the Court therefore vacated the sentence and remanded the case.
  1 - 10 of 25324 results