Court Opinions

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Recent opinions released by Georgia's Appellate courts
Ponder v. State, A15A0062
Georgia Court of Appeals, Criminal Case (6/25/2015, 7/30/2015)
CRIMINAL PRACTICE: Rape, Aggravated Child Molestation, Incest, Effective Assistance of Counsel, Golden Rule
The evidence supported the defendant's convictions for 10 offenses committed against his daughter, including rape and aggravated child molestation.
Cottingham & Butler Inc. v. Belu, A15A0182
Georgia Court of Appeals, Civil Case (7/1/2015, 7/30/2015)
INSURANCE LAW: Coverage, Duty to Defend
Regardless of whether the plaintiffs read the insurance policy at issue, questions of fact remained as to their reliance on the defendant insurance agents' expertise in identifying and procuring adequate insurance for them.
Horne v. State, A15A0227
Georgia Court of Appeals, Criminal Case (6/23/2015, 7/30/2015)
CRIMINAL PRACTICE: Effective Assistance of Counsel, Aggravated Battery, Aggravated Assault, False Imprisonment, Battery
The State's expert witness's testimony regarding the behavior of victims of "intimate partner violence" was clearly relevant to explain why a victim of such violence might recant in order to protect the abuser from prosecution.
In the Interest of A. H., A15A0239
Georgia Court of Appeals, Criminal Case (6/25/2015, 7/30/2015)
CRIMINAL PRACTICE: Juveniles, Notice of Hearing, Continuance
The juvenile court erred in ruling that it could not take the juvenile's admission to charges of theft by receiving, theft by taking, fleeing a police officer and a firearms offense without his legal guardian being present, since DFACS, as a legal guardian, waived its right to be present and to be heard.
Vernon v. Assurance Forensic Accounting LLC, A15A0306; A15A0307
Georgia Court of Appeals, Civil Case (6/30/2015, 7/30/2015)
EMPLOYMENT: Severance
The trial court erred in finding that the parties' severance agreement was too vague to be enforceable.
Brown v. State, A15A0328
Georgia Court of Appeals, Criminal Case (6/29/2015, 7/29/2015)
CRIMINAL PRACTICE: Aggravated Assault, Firearms Offense, Effective Assistance of Counsel
A recorded telephone conversation in which the defendant's brother told the victim that his mother would pay the victim to tell the police his brothers were not involved in the assault on the victim did not constitute inadmissible hearsay because it was not offered to prove the truth of the brother's statement, just that the brother had made the offer and the victim had rejected it.
Wells Fargo Bank NA v. Molina-Salas, A15A0594
Georgia Court of Appeals, Civil Case (6/29/2015, 7/29/2015)
REAL PROPERTY: Wrongful Foreclosure
A typographical error in a foreclosure advertisement that incorrectly identified the property as lying in the 5th, as opposed to the 6th, District of Gwinnett County did not render the foreclosure sale void, because the description, address and recording data were otherwise correct.
Parrish v. Chrysler Fin. Servs. Americas LLC, A15A0397
Georgia Court of Appeals, Civil Case (6/30/2015, 7/29/2015)
CREDITORS AND DEBTORS RIGHTS: Repossession
Nothing in the evidence established the date of repossession of the defendant's vehicle, which was critical to determining whether the creditor met the statutory notice requirements for obtaining a deficiency judgment following repossession, and the creditor was thus not entitled to summary judgment.
Lee v. State, A15A0312
Georgia Court of Appeals, Criminal Case (6/29/2015, 7/29/2015)
CRIMINAL PRACTICE: Armed Robbery, Aggravated Assault with Intent to Rob, Firearms Offense, Identification
Although the one-on-one showup in which the victims identified the defendant as the perpetrator was suggestive, it was nevertheless admissible under the totality of the circumstances.
Allstate Fire & Cas. Ins. Co. v. Rothman, A15A0266
Georgia Court of Appeals, Civil Case (6/30/2015, 7/29/2015)
INSURANCE LAW: Uninsured Motorist Benefits, Set-off, Coverage
Appellant insurer was entitled to set-off against its policy limits the amount the insured received from the tortfeasor's insurer, since it was the only "reduced by" policy among the two UM carriers providing coverage.
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