Court Opinions

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Recent opinions released by Georgia's Appellate courts
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.
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..
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