Court Opinions

Recent opinions released by Georgia's Appellate courts
Black v. Ferlingere, A15A1040
Georgia Court of Appeals, Civil Case (9/9/2015, 10/5/2015)
FAMILY LAW: Child Custody, Child Support
The trial court's final order in the parties' dispute over custody and child support did not contain the statutorily required findings of fact and attached documentation to support the child support ruling.
State v. Hill, A15A1004
Georgia Court of Appeals, Criminal Case (9/9/2015, 10/5/2015)
CRIMINAL PRACTICE: Double Jeopardy, DUI, Traffic Offenses
The trial court erred in granting the defendant's double jeopardy plea in bar because the offenses in question were not known to the proper prosecuting officer pursuant to O.C.G.A. § 16-1-7 subsection (b).
State of Ga. v. Brooks, A15A1620
Georgia Court of Appeals, Criminal Case (9/3/2015, 10/5/2015)
When the State failed to commence the non-judicial forfeiture within 60 days of seizure, the defendant's sole remedy under O.C.G.A. § 16-13-49 was to request and obtain the property but only pending further forfeiture proceedings; he was not entitled to have the forfeiture proceedings dismissed.
Ruffin v. State, A15A1109
Georgia Court of Appeals, Criminal Case (9/9/2015, 10/5/2015)
EVIDENCE: Continuing Witness Rule
The trial court did not violate the continuing witness rule in allowing an anatomical diagram, which an expert used to illustrated her testimony about the victim's injuries, to go out with the jury during deliberations.
Hutchinson v. Whaley, A15A0781
Georgia Court of Appeals, Civil Case (9/8/2015, 10/2/2015)
CONSTITUTIONAL LAW: Sovereign Immunity
Sovereign and official immunity barred the plaintiff's claims against two police officers in their official and individual capacities arising from the defendants' alleged failure to adequately investigate after the plaintiff reported that her teenage daughter had left home.
Leopold v. State, A15A0783
Georgia Court of Appeals, Criminal Case (9/8/2015, 10/2/2015)
CRIMINAL PRACTICE: Speedy Trial, Marijuana Possession, Marijuana Possession with Intent to Distribute
The trial court properly denied the defendant's speedy trial motion based on the facts that he waited until two years after his trial to assert his right to a speedy trial and he did not show that the delay impaired his defense.
NKN Enters. LLC v. Branch Banking & Trust Co., A15A1559
Georgia Court of Appeals, Civil Case (9/9/2015, 10/2/2015)
CIVIL PRACTICE: Judgment on the Pleadings
The trial court properly granted the defendant bank's motion for judgment on the pleadings in the plaintiffs' suit, which was one of several lawsuits they filed in multiple courts in an attempt to thwart the bank's foreclosure on certain real property.
Ewing v. Ewing, A15A1422
Georgia Court of Appeals, Civil Case (9/3/2015, 10/1/2015)
CIVIL PRACTICE: Discovery, Protective Order
In a divorce action, the wife was entitled to engage in discovery that might lead to admissible evidence of the husband's alleged adultery, regardless of whether the information will be admissible at trial, and the trial court thus properly denied the husband's motion for a protective order seeking to prohibit or limit the wife's discovery requests with regard to private emails on the husband's iPhone.
Cole v. Cole, A15A0977
Georgia Court of Appeals, Civil Case (9/2/2015, 10/1/2015)
ATTORNEYS FEES: Expenses of Litigation
The trial court failed to include in its order awarding attorney fees to the wife in a dispute arising out of the parties' divorce any factual findings supporting the award.
In the Interest of B. C., A15A1050
Georgia Court of Appeals, Criminal Case (9/3/2015, 10/1/2015)
CRIMINAL PRACTICE: Juveniles, Alford Plea, Child Molestation
The juvenile court erred in narrowly interpreting O.C.G.A. § 15-11-580 to preclude the entry of an Alford plea in juvenile court.
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