Recent opinions released by Georgia's Appellate courts
Padilla v. Medrano, A15A0380
Georgia Court of Appeals, Civil Case (5/21/2015, 6/30/2015)
CIVIL PRACTICE: Summary Judgment, Substitution of Parties
The trial court erred in failing to address the plaintiff's motion to substitute another party as a defendant before granting the only defendant's motion for summary judgment.
Galloway v. State, A15A0603
Georgia Court of Appeals, Criminal Case (5/20/2015, 6/30/2015)
CRIMINAL PRACTICE: Informant, Search & Seizure, Probable Cause Hearing
The information relayed to the magistrate, which was based on information a confidential informant told police, provided a substantial basis for the magistrate's finding of probable cause to issue a search warrant for the defendant's residence, given the totality of the circumstances.
Bowman v. State, A15A0257
Georgia Court of Appeals, Criminal Case (5/27/2015, 6/30/2015)
CRIMINAL PRACTICE: Search & Seizure
There was no evidence in the record demonstrating probable cause for the issuance of a search warrant for the defendant's residence.
Zarate-Martinez v. Echemendia, A15A0501
Georgia Court of Appeals, Civil Case (5/20/2015, 6/30/2015)
TORTS: Medical Malpractice
The trial court properly dismissed the plaintiff's medical malpractice lawsuit based on its finding that the plaintiff's expert's affidavit did not meet the requirement for expert testimony and that her complaint thus failed to comply with the expert affidavit requirement in O.C.G.A. § 9-11-9.1 subsection (a).
In the Matter of Michael F. Greene, S13Y1788
Supreme Court of Georgia, Civil Case (6/22/2015, 6/29/2015)
LEGAL PROFESSION: Reinstatement
The Supreme Court reinstated an attorney to the practice of law after he complied with all of the conditions for reinstatement following his suspension.
Pryor v. State, A15A0764
Georgia Court of Appeals, Criminal Case (5/19/2015, 6/29/2015)
CRIMINAL PRACTICE: Right to Counsel, Effective Assistance of Counsel, Attempted Robbery, Firearms Offense
The fact that the defendant's trial counsel worked in the same circuit public defender's office as the attorney who represented a co-defendant did not, alone, constitute a denial of the defendant's right to counsel.
Calloway v. State, A15A0601
Georgia Court of Appeals, Criminal Case (5/14/2015, 6/29/2015)
APPEALS: Waiver of Argument
The defendant failed to preserve his ineffective assistance of trial counsel claim for appellate review, as he did not raise that claim at the earliest practicable moment, when he obtained new post-conviction counsel.
Attaway v. State, A15A0513
Georgia Court of Appeals, Criminal Case (5/18/2015, 6/29/2015)
CRIMINAL PRACTICE: Armed Robbery, Aggravated Assault, Possession of a Knife
The evidence did not support the defendant's conviction for armed robbery, since the State failed to show that his use of a knife occurred prior to or contemporaneously with his taking of merchandise from a store, since he already had possession of the items when employees confronted him and he wielded a knife.
U.S. Foodservice Inc. v. Gourmet Servs. Inc., A15A0254
Georgia Court of Appeals, Civil Case (5/19/2015, 6/29/2015)
CIVIL PRACTICE: Default Judgment, Answer
The trial court erred in dismissing the suit on an open account for failure to state a claim and in denying the plaintiff's motion for default judgment, as both liability and damages were established when the defendant failed to answer within 45 days of service.
State v. Jackson, A15A0240
Georgia Court of Appeals, Criminal Case (5/14/2015, 6/26/2015)
CRIMINAL PRACTICE: Statement
An officer's comments to the defendant during a custodial interview in which he encouraged the defendant to tell the truth did not constitute a hope of benefit rendering the defendant's statement involuntary.
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