38 results for 'judge:"Dillard"'.
J. Dillard finds that the trial court improperly denied the medical practice operator's motion to set aside orders granting the individual attorney fees and granting her motion to compel the operator to fully respond to discovery requests. The trial court also incorrectly denied the operator's motion to set aside a contempt order. The operator was not properly served because sending the motions via regular U.S. mail did not satisfy the requirements of due process. Reversed.
Court: Georgia Court of Appeals, Judge: Dillard, Filed On: June 5, 2023, Case #: A23A0185, Categories: Civil Procedure, Contempt
J. Dillard finds that the trial court improperly granted the individual's motion to dismiss the insurer's declaratory judgment action seeking a determination as to whether it had a duty to defend and indemnify the insured, a day spa, in the individual's underlying negligence action. The individual alleged that one of the insured's employees injured her vaginal area during a Brazilian bikini wax. The individual cannot avoid the policy exclusions by framing her claims as arising under premises liability and negligent hiring. It is not clear that the insurer is not entitled to a declaratory judgment because an applicable policy exclusion would relieve it of the duty to defend the insured. Reversed.
Court: Georgia Court of Appeals, Judge: Dillard, Filed On: June 5, 2023, Case #: A23A0548, Categories: Insurance
J. Baggett finds that the trial court properly convicted defendant of trafficking persons for sexual servitude, criminal attempt to commit child molestation and a firearm offense. The trial court correctly denied defendant's motion for a new trial and found that defendant's trial counsel was not deficient for failing to file a motion to suppress evidence obtained as a result of a traffic stop. Officers had reasonable suspicion that defendant's vehicle was being driven by the person who had exchanged text messages with an undercover officer to pay for sex with an underage girl. Defendant failed to show that the trial court's jury instructions on the sex trafficking or child molestation offenses affected the trial outcome or confused the jury. Affirmed.
Court: Georgia Court of Appeals, Judge: Dillard, Filed On: June 5, 2023, Case #: A23A0263, Categories: Ineffective Assistance, Sex Offender, Jury Instructions
J. Dillard finds that the trial court improperly denied defendant's motion to suppress incriminating statements he made during a four-hour police interview before his arrest. Defendant was convicted of aggravated assault and possession of a knife during the commission of a felony. Defendant made the statements admitting he was to blame for the stabbing towards the end of the interview with the detective and before he was read his Miranda rights. After being advised of his Miranda rights, defendant said he did not remember what happened the morning the victim was stabbed. A reasonable person in defendant's position would not have considered his detention to be temporary because he was locked in a police car for more than hour before being transported for the interview and was escorted to the interrogation room by an armed police officer. Reversed.
Court: Georgia Court of Appeals, Judge: Dillard, Filed On: June 1, 2023, Case #: A23A0593, Categories: Miranda, Assault
J. Dillard finds that the trial court incorrectly granted the mother's request to limit the father to supervised visitation with the child after denying her request for sole legal custody. The trial court did not abuse its discretion in granting the mother tiebreaker authority as to religious issues or in requiring the father to stop sharing images of the child on social media and submit to regular drug testing in light of his inappropriate behavior and poor judgment. However, the trial court's order contained impermissible self-executing visitation provisions. Affirmed in part.
Court: Georgia Court of Appeals, Judge: Dillard, Filed On: May 31, 2023, Case #: A23A0283, Categories: Family Law
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J. Dillard finds that the trial court properly convicted defendant of sexual exploitation of children and correctly denied defendant's motion to suppress evidence found on his computer. Officers had more than a reasonable suspicion to believe that defendant possessed child pornography because defendant, who was on probation for child molestation offenses, admitted that child pornography would be found on his computer if it was searched. The trial court did not commit any error in denying defendant's motion for a mistrial after the state asked him about his relationship with his adult daughter. Affirmed.
Court: Georgia Court of Appeals, Judge: Dillard, Filed On: May 31, 2023, Case #: A23A0316, Categories: Sex Offender, Child Pornography
J. Dillard finds that the trial court properly dismissed the newspaper's action alleging that the sheriff violated Georgia's Open Records Act by refusing to turn over a family violence report and police body camera footage related to a 911 call involving domestic violence between a former Augusta prosecutor and his wife. The trial court correctly found that the footage was exempt from release under the Act because it was encompassed by the report and was filmed at the couple's home where there was a reasonable expectation of privacy in the absence of a pending law enforcement investigation. No arrests were made as a result of the call, therefore no portion of the report is subject to release. Affirmed.
Court: Georgia Court of Appeals, Judge: Dillard, Filed On: May 23, 2023, Case #: A23A0552, Categories: Public Record, Privacy
J. Dillard finds that the trial court properly convicted defendant of DUI and passing an emergency vehicle in violation of the Spencer Pass Law. The deputy's stop of defendant's vehicle was justified by his reasonable belief that defendant violated the statute when he failed to move to the left lane despite the presence of the patrol car in the far right emergency lane. Although the trial court incorrectly admitted the deputy's testimony that defendant refused to take a portable breath test, the error was harmless in light of the overwhelming evidence of defendant's guilt. Defendant failed to show that he was prejudiced by his trial counsel's allegedly deficient performance. Affirmed.
Court: Georgia Court of Appeals, Judge: Dillard, Filed On: May 23, 2023, Case #: A23A0357, Categories: Ineffective Assistance, Dui