500 results for 'court:"Georgia Court of Appeals"'.
J. Watkins finds that the trial court improperly granted the landlord's motion for partial summary judgment as to liability in a dispossessory action against the tenant. The trial court failed to give the tenant notice of oral arguments requested by the landlord and incorrectly allowed the landlord to withdraw its request. Vacated.
Court: Georgia Court of Appeals, Judge: Watkins, Filed On: May 8, 2024, Case #: A24A0370, Categories: Civil Procedure, Landlord Tenant
J. Doyle finds that the trial court properly convicted defendant of aggravated child molestation, child molestation and incest. The trial court correctly denied defendant's motion for a new trial. Defendant's trial counsel was not deficient for failing to strike from the jury a juror employed as a corrections officer in the jail where defendant was held after his arrest. The juror had no arrest powers and no personal knowledge of defendant being an inmate when he served on the jury. Defendant failed to present evidence showing that the juror could not be impartial. Affirmed.
Court: Georgia Court of Appeals, Judge: Doyle, Filed On: May 7, 2024, Case #: A24A0217, Categories: Jury, Sex Offender, Child Victims
J. Land finds that the trial court properly granted defendant's motion to suppress evidence obtained when police approached him in a public area after receiving an anonymous phone tip. Defendant was charged with obstruction of an officer, terroristic threats, interference with government property and possession of a drug-related object. The trial court correctly found that defendant's detention by two police officers was illegal. The officers had no basis for suspecting defendant of being engaged in criminal activity at the time of his initial detention. Affirmed.
Court: Georgia Court of Appeals, Judge: Land, Filed On: May 6, 2024, Case #: A24A0331, Categories: Search, Obstruction
[Consolidated.] J. McFadden finds that the trial court properly granted the company's motion to dismiss the individual's defamation claim under Georgia's anti-SLAPP law. The individual alleged in a conversion and breach of fiduciary duty action that the company made false statements in responding to an SEC subpoena for records regarding a financial transaction. The alleged statements made by the company related to an official proceeding and concern protected activity. The individual's defamation claim was also untimely. The trial court incorrectly denied the company's request for attorney fees and improperly ordered the company to produce attorney-client privileged communications under a fiduciary duty exception. Reversed.
Court: Georgia Court of Appeals, Judge: McFadden, Filed On: May 6, 2024, Case #: A24A0268, Categories: Anti-slapp, Defamation, Attorney Fees
J. McFadden finds that the trial court properly convicted defendant of aggravated battery and cruelty to children. The trial court correctly denied defendant's motion for a new trial. Defendant's trial counsel was not deficient for failing to file a general demurrer or motion in arrest of judgment as to one of the child cruelty counts in the indictment. Sufficient evidence was presented to support the child cruelty conviction. Affirmed.
Court: Georgia Court of Appeals, Judge: McFadden, Filed On: May 1, 2024, Case #: A24A0534, Categories: Ineffective Assistance, Battery, Child Victims
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J. McFadden finds that the trial court improperly entered default judgment against the company in an action brought by the individual to collect fees. The individual did not file the proof of service within five days of the service date listed on the sheriff's entry of service. Since the timeline for the company to answer did not begin until after the proof of service was filed, the trial court's entry of default judgment occurred while the company still had time to answer the complaint. The company's answer was therefore timely filed. Reversed.
Court: Georgia Court of Appeals, Judge: McFadden, Filed On: May 1, 2024, Case #: A24A0139, Categories: Civil Procedure
J. McFadden finds that the trial court properly convicted defendant of cruelty to children and family violence aggravated battery. The trial court correctly denied defendant's motion for a directed verdict and did not commit any error in admitting evidence of defendant's marijuana use on the day the three-week old victim was taken to the hospital. The evidence was related to the state's theory of the case and relevant to show defendant's attitude towards the victim. Defendant failed to show that his trial counsel performed deficiently. Affirmed.
Court: Georgia Court of Appeals, Judge: McFadden, Filed On: May 1, 2024, Case #: A24A0126, Categories: Battery, Child Victims
J. Dillard finds that the trial court properly granted a directed verdict in the insurer's favor in a breach of contract action brought by the couple. The action arose from the insurer's alleged failure to pay the couple for their covered losses after trees fell on their home. The couple's insurance policy had a one-year suit limitation for personal property protection. The fire endorsement did not modify the policy to provide for a two-year suit limitation and applies only to property damage caused by fire. Affirmed.
Court: Georgia Court of Appeals, Judge: Dillard, Filed On: April 30, 2024, Case #: A24A0286, Categories: Insurance, Contract
J. Rickman finds that the trial court properly granted the company's motion for default in a dispossessory action against the tenant. The tenant failed to respond to the action within seven days of being served. The company's request for specific enforcement of a provision in the lease in addition to a writ of possession did not change the applicability of dispossessory laws or the company's obligation to timely answer. Affirmed.
Court: Georgia Court of Appeals, Judge: Rickman, Filed On: April 26, 2024, Case #: A24A0291, Categories: Landlord Tenant
J. Dillard finds that the trial court properly convicted defendant of child molestation, aggravated sexual battery, rape, incest, sexual exploitation of children, influencing a witness and other related offenses. The trial court correctly denied defendant's motion for a new trial. Defendant's trial counsel was not deficient for failing to object when defendant's handwritten notes to the victim were allowed to go out with the jury during deliberations. The notes were original documentary evidence, therefore any continuing witness objection put forth by defendant's counsel would have been overruled. Affirmed.
Court: Georgia Court of Appeals, Judge: Dillard, Filed On: April 26, 2024, Case #: A24A0533, Categories: Ineffective Assistance, Sex Offender, Child Victims
J. Dillard finds that the trial court properly convicted defendant of child molestation and sexual battery as a lesser-included offense of aggravated sexual battery. Sufficient evidence was presented to support defendant's convictions, including the victim's testimony. The trial court did not commit any error by refusing to find that defendant's convictions were mutually exclusive or by denying defendant's ineffective assistance claim. Defendant cannot show that his counsel's strategic decision not to attack the victim's credibility was unreasonable. Affirmed.
Court: Georgia Court of Appeals, Judge: Dillard, Filed On: April 26, 2024, Case #: A24A0157, Categories: Ineffective Assistance, Sex Offender
J. Brown finds that the trial court properly granted defendant's motion to suppress evidence obtained while an officer was waiting for a backup unit to assist with a stop of defendant's vehicle. Defendant was charged with DUI offenses, reckless driving and driving on the wrong side of the road. The trial court correctly found that defendant's detention by the officer was unreasonably prolonged. The officer failed to immediately perform any field sobriety tests despite being certified to perform them and despite possessing a test in his vehicle which he eventually used on defendant. However, the case is remanded to allow the trial court to analyze whether there was probable cause for defendant's arrest. Affirmed in part.
Court: Georgia Court of Appeals, Judge: Brown, Filed On: April 22, 2024, Case #: A24A0328, Categories: Evidence, Dui
J. Dillard finds that the trial court properly entered an order of nolle prosequi on defendant's charge for influencing a witness. Defendant was separately convicted of murder, aggravated assault and concealing the death of another. The trial court did not commit any error by entering the order without first holding a hearing on defendant's plea in bar to dismiss the case based on a violation of his speedy trial rights. Affirmed.
Court: Georgia Court of Appeals, Judge: Dillard, Filed On: April 22, 2024, Case #: A24A0397, Categories: Speedy Trial
J. Land finds that the trial court improperly ruled in favor of the store in a negligence action brought by the customer arising from injuries he suffered in a slip-and-fall incident. The trial court failed to allow oral argument on the store's motion for summary judgment despite the timely request by the customer. Vacated.
Court: Georgia Court of Appeals, Judge: Land, Filed On: April 19, 2024, Case #: A24A0547, Categories: Civil Procedure, Premises Liability
J. Land finds that the trial court properly convicted defendant of rape and giving false information to a law enforcement officer. Sufficient evidence was presented to support defendant's rape conviction and to allow the jury to infer that defendant was not justified in raping the victim because he felt threatened by an accomplice. The trial court did not commit any error in refusing to grant a mistrial after an investigator gave testimony referring to defendant's unrelated criminal proceeding. A curative instruction was immediately given to the jury and the statement was struck from the record. Affirmed.
Court: Georgia Court of Appeals, Judge: Land, Filed On: April 19, 2024, Case #: A24A0375, Categories: Sex Offender
J. Brown finds that the trial court properly convicted defendant of aggravated assault and battery involving family violence, cruelty to children in the first degree and other offenses. The jury was authorized to find that defendant's act in putting a burning notebook on his girlfriend's leg was likely to cause serious injury. Defendant's conduct in trying to hang himself in the presence of a child was sufficient to support his conviction for first degree cruelty to children. However, the evidence was insufficient to support defendant's conviction for cruelty to children in the third degree because the state failed to show that the child saw or heard defendant put the burning notebook on her mother's leg. Reversed in part.
Court: Georgia Court of Appeals, Judge: Brown, Filed On: April 17, 2024, Case #: A24A0548, Categories: Battery, Domestic Violence, Child Victims
J. Hodges finds that the trial court properly granted the city's motion to dismiss the pedestrian's action arising from injuries he suffered when a city employee hit him with a city vehicle while he was on a sidewalk. The pedestrian failed to comply with the statutory ante litem notice requirements for service. The pedestrian failed to address his mailings to one of the statutorily designated individuals rather than addressing them to the mayor's office, city hall and the city council. Affirmed.
Court: Georgia Court of Appeals, Judge: Hodges, Filed On: April 12, 2024, Case #: A24A0316, Categories: Civil Procedure
J. Hodges finds that the trial court properly convicted defendant of invasion of privacy and sexual battery against a child under 16. The trial court correctly denied defendant's motion for a new trial. Sufficient evidence was presented to support defendant's convictions. The trial court did not commit any error in allowing the jury to review text messages between the victim and her mother after the evidence closed. The text messages were not subject to the continuing witness rule. Affirmed.
Court: Georgia Court of Appeals, Judge: Hodges, Filed On: April 12, 2024, Case #: A24A0543, Categories: Sex Offender
J. Hodges finds that the trial court properly denied defendant's request for a hearing on a previously withdrawn 12-year-old motion to withdraw his guilty plea to armed robbery and aggravated assault. Defendant's counsel withdrew the motion with defendant's approval and defendant told the trial court that he did not feel comfortable taking the motion forward. The trial court was not obligated to issue a ruling on the motion. Affirmed.
Court: Georgia Court of Appeals, Judge: Hodges, Filed On: April 9, 2024, Case #: A24A0083, Categories: Robbery, Plea
J. Hodges finds that the trial court properly denied defendant's motion for a new trial on his convictions for offenses including possession of methamphetamine or amphetamine with intent to distribute, and possession of cocaine and possession of methadone and marijuana with intent to distribute. Sufficient evidence was presented to support defendant's convictions, including evidence that drugs and drug-related items were found in a residence leased by defendant. Affirmed.
Court: Georgia Court of Appeals, Judge: Hodges, Filed On: April 9, 2024, Case #: A24A0011, Categories: Drug Offender
J. Miller finds that the trial court properly convicted defendant of aggravated child molestation and child molestation. Sufficient evidence was presented to support defendant's convictions, including defendant's own admission to his wife that he had sex with one victim. The trial court correctly denied defendant's motion for a new trial. Defendant failed to vigorously assert his right to appeal and cannot show that he was prejudiced by the 20-year delay between his convictions and the resolution of his motion for a new trial. Three pro se filings made by defendant between 2005 and 2009 did not specifically claim that his due process rights were violated by the delay. Defendant did not first assert a due process violation until 2022. Affirmed.
Court: Georgia Court of Appeals, Judge: Miller, Filed On: April 9, 2024, Case #: A24A0344, Categories: Sex Offender, Due Process, Child Victims
J. Rickman finds that the the lower court improperly convicted defendant of failure to register as a sex offender based upon his failure to update his employment information with the local sheriff. The state failed to prove defendant violated the statutory time requirement. Reversed.
Court: Georgia Court of Appeals, Judge: Rickman, Filed On: April 3, 2024, Case #: A24A0475, Categories: Sex Offender
J. Brown finds that the lower court properly denied the city's motion to dismiss plaintiffs' complaint seeking damages for inverse condemnation and alleging the city failed to maintain its sewer system. The municipal ante litem notice requirements are do not apply to the inverse condemnation claim. Affirmed.
Court: Georgia Court of Appeals, Judge: Brown, Filed On: April 1, 2024, Case #: A24A0019, Categories: Damages
J. Brown finds that the lower court improperly dismissed defendant's motion to suppress. The state had notice that defendant was challenging the traffic stop and his arrest. Reversed.
Court: Georgia Court of Appeals, Judge: Brown, Filed On: March 28, 2024, Case #: A24A0013, Categories: Evidence
J. Brown finds that the lower court improperly dismissed defendant's convictions on multiple counts of aggravated assault and other charges. The state was not required to allege the Covid-19 tolling provisions in each count of the indictment. Reversed.
Court: Georgia Court of Appeals, Judge: Brown, Filed On: March 28, 2024, Case #: A24A0134, Categories: Criminal Procedure
J. Mercier finds that the lower court improperly ruled in favor of an Airbnb co-host sued by a renter for injuries she sustained while she was staying at the property. Evidence proves that the co-host should have predicted that a tree branch could fall and strike a person in the parking area below. Reversed in part.
Court: Georgia Court of Appeals, Judge: Mercier, Filed On: March 27, 2024, Case #: A24A0593, Categories: Tort
J. McFadden finds that the lower court properly denied defendant’s motion for a new trial. The lower court properly instructed the jury on mutual combat. Thus, counsel was not deficient by failing to preserve defendant’s objection to the charge. Affirmed.
Court: Georgia Court of Appeals, Judge: McFadden, Filed On: March 27, 2024, Case #: A24A0166, Categories: Ineffective Assistance
J. McFadden finds that the trial court properly convicted defendant of child molestation and correctly denied defendant's motion for a new trial. Sufficient evidence was presented to support defendant's conviction. Defendant failed to reserve his objection to the trial court's refusal to instruct the jury on rape as a lesser-included offense of child molestation. Under the law in effect at the time of his 2005 trial, defendant waived the right to assert that the trial court's decision was an error. Affirmed.
Court: Georgia Court of Appeals, Judge: McFadden, Filed On: March 20, 2024, Case #: A24A0459, Categories: Sex Offender, Jury Instructions
J. Mercier finds that the trial court incorrectly sentenced defendant by failing to include a behavioral incentive date in the order sentencing him to two consecutive five-year terms of probation for marijuana and firearm possession offenses. Defendant had no prior felony convictions, therefore the statute required that a behavioral incentive date be included in his straight probationary sentence. Vacated.
Court: Georgia Court of Appeals, Judge: Mercier, Filed On: March 19, 2024, Case #: A24A0663, Categories: Sentencing
J. Mercier finds that the trial court improperly denied defendant's motion to vacate a void sentence following his guilty plea to two counts of child molestation. The 10-year probationary sentence imposed on one count was not split as it should have been in accordance with the statute which was in effect at the time defendant committed the crime. The trial court incorrectly dismissed defendant's motion to withdraw his guilty plea based on the void sentence. Reversed in part.
Court: Georgia Court of Appeals, Judge: Mercier, Filed On: March 19, 2024, Case #: A24A0214, Categories: Sentencing, Sex Offender, Plea