46 results for 'judge:"Hodges"'.
[Consolidated.] J. Hodges finds that the trial court incorrectly revoked defendant's probation. Although the trial court correctly found that defendant committed the new offenses of methamphetamine trafficking, possessing drug-related objects, and illegally using a communications facility, the trial court incorrectly found that defendant committed the new offenses of engaging in a conspiracy to possess a controlled substance with intent to distribute and violating the Street Gang Terrorism and Prevention Act. The trial court incorrectly admitted evidence of line sheets instead of original recordings of phone calls between defendant and a gang leader. The evidence did not show a link between defendant's activities and gang activity. Reversed in part.
Court: Georgia Court of Appeals, Judge: Hodges, Filed On: May 9, 2024, Case #: A24A0596, Categories: Probation
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J. Hodges finds that the trial court properly denied defendant's request for a hearing on a previously withdrawn 12-year-old motion to withdraw his guilty plea to armed robbery and aggravated assault.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
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J. Hodges finds that the trial court properly denied defendant's motion to terminate the remainder of his split probation sentence for burglary, theft by receiving stolen property, drug possession and obstruction of an officer. Although the Department of Community Supervision failed to provide notice to the state and the trial court that defendant successfully completed three years of probation, defendant also made no attempt to contact the agency about its responsibility to give notice on the status of his probation under the early probation termination statute. Defendant's sentence was still in force when the state secured a probation violation arrest warrant against defendant. Affirmed.
Court: Georgia Court of Appeals, Judge: Hodges, Filed On: March 12, 2024, Case #: A23A1690, Categories: Probation
J. Hodges finds that the trial court properly granted the wholesaling company's motion to dismiss the business partner's derivative action and correctly ruled in favor of the company manager on the partner's breach of fiduciary duty claim. The trial court correctly found that a special litigation committee tasked with reviewing the partner's claims was independent and that an attorney's limited prior professional relationship with a committee member did not affect that independence. The manager had authority to issue the credit memoranda and discounts to the customer. The trial court correctly found his actions were based on reasonable business judgment. However, the trial court partially incorrectly ruled in the manager's favor on the partner's breach of contract claim. Affirmed in part.
Court: Georgia Court of Appeals, Judge: Hodges, Filed On: March 12, 2024, Case #: A23A1458, Categories: Fiduciary Duty, Contract
J. Hodges finds that the trial court properly ruled in favor of the nurse practitioner and medical practice partial owner on the individual's conspiracy claim in an action alleging that the nurse and owner accessed her medical records without authorization in violation of the Georgia Computer Systems Protection Act. However, the trial court incorrectly found in favor of the nurse and owner on the individual's invasion of privacy claim and the claim alleging violation of the Act. Although the individual did not demonstrate general damages, the law allows for either nominal damages or damages for peace, happiness and feelings if invasion of privacy is proven. The trial court incorrectly ruled in favor of the nurse and owner with respect to the individual's claim for attorney fees related to violation of the Act and invasion of privacy. Affirmed in part.
Court: Georgia Court of Appeals, Judge: Hodges, Filed On: March 12, 2024, Case #: A23A1716, Categories: Damages, Privacy, Attorney Fees
J. Hodges finds that the juvenile court improperly determined that it lacked jurisdiction to enter a finding that it would not be in the immigrant child's best interest to be returned to Honduras. The juvenile court found the child dependent and awarded his sister custody and guardianship of him. The juvenile court had a duty to consider and make findings regarding all of the special immigrant juvenile factors. Vacated.
Court: Georgia Court of Appeals, Judge: Hodges, Filed On: March 12, 2024, Case #: A23A1659, Categories: Immigration
[Consolidated.] J. Hodges finds that the trial court properly ruled in favor of the stadium and security company with respect to the individual's negligence and vicarious liability claims arising from injuries she suffered in a brawl at a college football game. The individual had a clear choice to approach the fight or not and knew that entering the fight might be dangerous because she had already been knocked down once. However, the trial court improperly ruled in favor of the father and son on the individual's assault and battery claims. The argument made by the father and son as to the individual's assumption of risk is not a valid defense to assault and battery. Reversed.
Court: Georgia Court of Appeals, Judge: Hodges, Filed On: March 6, 2024, Case #: A23A1449, Categories: Negligence, Assault
J. Hodges finds that the trial court improperly entered a 12-month stalking protective order against a former father-in-law, prohibiting him from coming around or contacting his former son-in-law. The son-in-law failed to show that the father-in-law's actions put him in reasonable fear for his safety. The son-in-law claimed the father-in-law put a tracking device on his vehicle but there is no evidence that the father-in-law engaged in any pattern of intimidating or harassing behavior. Reversed.
Court: Georgia Court of Appeals, Judge: Hodges, Filed On: March 5, 2024, Case #: A23A1534, Categories: Restraining Order
J. Hodges finds that the trial court improperly revoked 24 years of defendant's probation for aggravated assault. Although the trial court correctly found that defendant violated his probation in one county by committing the new aggravated assault offense of choking his ex-girlfriend, the trial court's order incorrectly found that defendant committed other probation violations in another county for which the state did not provide evidence. The one-year delay between the probation revocation petition and the hearing did not violate defendant's due process rights. Affirmed in part.
Court: Georgia Court of Appeals, Judge: Hodges, Filed On: February 29, 2024, Case #: A23A1395, Categories: Probation, Assault
J. Hodges finds that the trial court properly ruled partially in Walmart's favor in the shopper's renewal action arising after an off-duty police officer repeatedly hit him with a baton over a suspected shoplifted tomato, breaking his leg. The trial court correctly granted Walmart's motion to bifurcate the shopper's battery and false imprisonment claims against the officer individually from his false imprisonment claim against Walmart. The alleged false imprisonment of the shopper was completed with the officer's initial detention of him. The chain of causation was broken when the officer decided to arrest the shopper and hit him with the baton in his capacity as a police officer, therefore Walmart cannot have liability for the resulting injuries or claims. Affirmed.
Court: Georgia Court of Appeals, Judge: Hodges, Filed On: February 26, 2024, Case #: A23A1758, Categories: Assault
J. Hodges finds that the trial court properly dismissed the individual's injunctive relief action alleging that the county board of commissioners' failure to provide proper notice of intent to pass a 2018 salary ordinance increasing their pay violated the Open Meetings Act. Although the trial court incorrectly found that the individual lacked taxpayer standing to pursue his claim against the official, dismissal was still proper because the individual failed to state a proper claim for injunctive relief. The individual failed to make a declaratory judgment claim challenging the legality of the salary ordinance and therefore cannot pursue an injunctive relief claim seeking to stop the official from issuing payments under the ordinance. Affirmed in part.
Court: Georgia Court of Appeals, Judge: Hodges, Filed On: February 22, 2024, Case #: A22A0508, Categories: Injunction
J. Hodges finds that the trial court properly found in favor of the police officer in a civil rights and excessive force action brought by the individual arising from her arrest. The trial court correctly dismissed the purported renewal action. The individual's initial claims were dismissed without prejudice for failure to properly serve the officer, therefore the action was void and not subject to renewal. Affirmed.
Court: Georgia Court of Appeals, Judge: Hodges, Filed On: January 17, 2024, Case #: A23A1550, Categories: Civil Rights, Police Misconduct
J. Hodges finds that the trial court properly convicted defendant of child molestation and correctly denied his motion for a new trial. Defendant failed to show that his trial counsel was deficient for failing on numerous occasions to object to alleged hearsay or for failing to properly utilize Department of Family and Children Services records. The decision by defendant's counsel not to object and to instead address the alleged hearsay through cross-examination was a reasonable trial strategy. Counsel's lack of participation at defendant's sentencing does not warrant a new trial or a new sentencing hearing. Defendant failed to show that he was prejudiced by his trial counsel's failure to prevent him from making an inflammatory statement to the court. Affirmed.
Court: Georgia Court of Appeals, Judge: Hodges, Filed On: January 5, 2024, Case #: A23A1780, Categories: Ineffective Assistance, Sex Offender
J. Hodges finds that the trial court properly dismissed a negligence action brought by an individual against a driver and an employer for injuries she suffered in a car collision. The trial court correctly found that the tolling statute did not apply because the individual has not shown she is a victim. The two-year statute of limitation was not tolled based on any hypothetical crime committed by the driver. The driver was not charged with a traffic violation. Affirmed.
Court: Georgia Court of Appeals, Judge: Hodges, Filed On: December 29, 2023, Case #: A23A1252, Categories: Negligence
J. Hodges finds that the trial court properly denied the ex-wife's motion to appoint a guardian ad litem after the ex-husband sought primary physical custody of the couple's daughter. The trial court correctly found that a guardian ad litem was not necessary in the action. Affirmed.
Court: Georgia Court of Appeals, Judge: Hodges, Filed On: December 7, 2023, Case #: A23A1644, Categories: Family Law
[Consolidated.] J. Hodges finds that the trial court properly awarded legal title of a property to the company subject to the bank's security deed in a quiet title action brought by the company. Although neither the defective security deed itself or an assignment provided constructive notice of the bank's security interest, the trial court correctly found that the company was under inquiry notice of the bank's security interest in the property. There is nothing in the record to allow the appeals court to properly evaluate whether the trial court correctly assessed special master's fees against the bank, therefore the case is remanded for further proceedings. Affirmed in part.
Court: Georgia Court of Appeals, Judge: Hodges, Filed On: November 3, 2023, Case #: A23A0719, Categories: Property
J. Hodges finds that the trial court improperly granted the traffic conductor's motion to dismiss a negligence action brought by the driver arising from injuries he suffered in a car collision while the conductor was directing traffic in a construction zone. The trial court's order failed to include any meaningful analysis to support the dismissal. Vacated.
Court: Georgia Court of Appeals, Judge: Hodges, Filed On: October 30, 2023, Case #: A23A0683, Categories: Negligence
J. Hodges finds that the trial court improperly granted Costco's motion to dismiss claims for fraud, negligent misrepresentation, breach of contract and conversion raised by the inventor alleging that Costco reneged on an agreement to pay him for implementing a meat inventory management system at Costco's warehouses. The trial court should have ordered the inventor to plead a more definite statement of the fraud claims rather than ordering dismissal. It is also possible that evidence gained through discovery could support the conversion claim. However, the trial court correctly granted the motion to dismiss as to the inventor's quantum meruit claim since the inventor acknowledged he failed to properly state the claim. Reversed in part.
Court: Georgia Court of Appeals, Judge: Hodges, Filed On: October 26, 2023, Case #: A23A1055, Categories: Fraud, Conversion, Contract
J. Hodges finds that the trial court improperly granted defendant's motion for a new trial after a jury convicted her of homicide by vehicle, driving under the influence of alcohol and reckless driving. The trial court found that it had wrongly denied defendant's pre-trial motion to suppress medical records revealing her blood-alcohol content. The evidence was cumulative of other legally admitted evidence showing that defendant had been drinking before she ran over the 11-year-old victim with her car. Any error in the admission of the evidence was harmless in light of the overwhelming evidence of defendant's guilt. The case is remanded for the trial court to resentence defendant because her conviction for DUI less safe should have merged with her conviction for vehicular homicide based on DUI less safe. Reversed.
Court: Georgia Court of Appeals, Judge: Hodges, Filed On: October 26, 2023, Case #: A23A1012, Categories: Dui, Vehicular Homicide
J. Hodges finds that the trial court improperly ruled in favor of the company with regard to the restaurant operator's breach of contract and declaratory judgment claims but correctly denied the operator's motion for partial summary judgment in an action arising from a dispute over parking rights. The language of the lease between the parties is ambiguous and a jury must decide the parties' intent as to exclusive evening parking spaces for the restaurant. However, the trial court properly ruled in favor of the company on the operator's tortious interference and trespass claims related to a valet contract. Reversed in part.
Court: Georgia Court of Appeals, Judge: Hodges, Filed On: October 25, 2023, Case #: A23A0975, Categories: Contract
J. Hodges finds that the trial court improperly granted a writ of mandamus ordering the city manager to issue a favorable sewer availability letter to the developer. The ordinances at issue do not require the city manager to grant a favorable sewer availability letter, therefore the developer had no clear legal right to the relief it sought. The city manager did not grossly abuse her discretion by denying the developer's request for an availability letter. Reversed.
Court: Georgia Court of Appeals, Judge: Hodges, Filed On: October 24, 2023, Case #: A23A0860, Categories: Municipal Law
J. Hodges finds that the trial court improperly allowed the borrower to dispute liability as to a number of claims after his default in a racketeering, fraud and breach of contract suit brought by the lender. The trial court incorrectly found that the borrower could refute the lender's right to recovery for fraud and a civil RICO violation despite the borrower's default admissions. The lender sufficiently alleged that he justifiably relied on the borrowers' misrepresentations when he loaned them money for a bogus business deal. The borrower admitted through his default that he conspired with the other borrower to commit theft by deception and to borrow the money without any intention of paying the lender back. The trial court incorrectly used inapplicable federal law to support the ruling that the lender's allegations do not establish a violation of Georgia's civil RICO law. Reversed.
Court: Georgia Court of Appeals, Judge: Hodges, Filed On: October 24, 2023, Case #: A23A0836, Categories: Fraud, Contract, Racketeering
J. Hodges finds that the trial court properly convicted defendant of child molestation and invasion of privacy. The trial court correctly admitted photos taken by the victim into evidence which depicted defendant's phone after she discovered the phone recording her in a bathroom. Circumstantial evidence supported the admission of the photos. Defendant failed to show that the trial court's use of the word "incident" during the victim's testimony had any impact on the trial outcome. Defendant failed to show that he was prejudiced by his trial counsel's allegedly deficient performance. Affirmed.
Court: Georgia Court of Appeals, Judge: Hodges, Filed On: October 19, 2023, Case #: A23A0848, Categories: Ineffective Assistance, Sex Offender, Child Victims
J. Hodges finds that the trial court improperly granted defendant a special demurrer to quash an indictment charging him with child molestation. The state narrowed the time frame in which the victim alleged the offense occurred as much as reasonably possible in the indictment to a 30-day range. The victim was not able to identify the date the alleged touching occurred. Reversed.
Court: Georgia Court of Appeals, Judge: Hodges, Filed On: October 19, 2023, Case #: A23A1106, Categories: Sex Offender, Child Victims
J. Hodges finds that the trial court properly entered a default judgment awarding the individuals damages in a negligence and emotional distress action arising after they were forced to hide in their vehicle during a hail of gunfire at an apartment complex owned by the company. The allegations in the individuals' complaint sufficiently showed that violent crimes had occurred on the property before and that the company should have foreseen that the incident at issue in the action could have occurred. The complaint also set forth sufficient allegations to support a claim for emotional distress damages under the pecuniary loss exception to the impact rule. Affirmed.
Court: Georgia Court of Appeals, Judge: Hodges, Filed On: October 19, 2023, Case #: A23A1079, Categories: Damages, Negligence, Emotional Distress