500 results for 'court:"Georgia Court of Appeals"'.
J. Markle finds that the trial court properly convicted defendant of simple battery. The trial court correctly denied defendant's motion for immunity under the statute. Defendant claimed he was justified in slapping the victim in the face to defend his home and property. Defendant failed to show that he reasonably believed force was necessary. Affirmed.
Court: Georgia Court of Appeals, Judge: Markle, Filed On: May 13, 2024, Case #: A24A0272, Categories: Battery
J. Doyle finds that the trial court properly denied defendant's motion for a new trial on his convictions for methamphetamine trafficking, fleeing or attempting to elude police, failure to maintain lane and abandonment of drugs in a public place. The trial court correctly denied defendant's pre-trial motion to dismiss on speedy trial grounds. Defendant was indicted in August 2021, filed his speedy trial demand in October 2021 and was tried in March 2022. The speedy trial deadline was tolled due to the judicial emergency declared during the Covid-19 pandemic. Defendant's indictment in a separate county and his speedy trial demand in that county both occurred during the emergency tolling period and the charges were dropped after the instant convictions. Affirmed.
Court: Georgia Court of Appeals, Judge: Doyle, Filed On: May 13, 2024, Case #: A24A0438, Categories: Drug Offender, Speedy Trial
J. Brown finds that the trial court improperly granted defendant's motion to suppress evidence of a breath sample produced during his third breath test which led to his DUI and failure to maintain lane charges. Although defendant gave three breath samples during state-administered breath tests, only two were adequate. The statute allowed the state to request the third test and the two samples are therefore admissible. Reversed.
Court: Georgia Court of Appeals, Judge: Brown, Filed On: May 13, 2024, Case #: A24A0705, Categories: Dui
J. Brown finds that the trial court properly denied Walmart's motion for a new trial after a jury found in favor of the shopper in a negligence action and awarded her $1 million in nominal damages. The shopper suffered injuries when two Walmart employees ran into her with a pallet jack. The damages award is not excessive. The jury awarded the shopper less than one-fifth of the damages she requested. The cross-examination of Walmart's expert neurologist by the shopper's attorney about a prior instance where the expert examined an individual who had been shot in the breast did not taint the jury's verdict. Affirmed.
Court: Georgia Court of Appeals, Judge: Brown, Filed On: May 10, 2024, Case #: A24A0115, Categories: Damages, Negligence
J. Doyle finds that the trial court properly denied defendant's amended motion to modify his 10-year sentence following his guilty plea to family violence battery, cruelty to children, aggravated stalking, terroristic threats and other offenses. Three years of defendant's sentence were to be served in prison and the remainder were to be served on probation. The trial court did not commit any error in canceling the hearing on defendant's motion since defendant's arguments were essentially the same as those presented during his plea and sentencing hearing. Affirmed.
Court: Georgia Court of Appeals, Judge: Doyle, Filed On: May 10, 2024, Case #: A24A0345, Categories: Sentencing, Battery
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J. Miller finds that the trial court properly awarded the father custody of the child since there was a material change in circumstances affecting the child's welfare after a prior custody award. The trial court correctly considered circumstances that occurred after the father filed his custody modification claim. However, the trial court incorrectly determined the father's monthly gross income in requiring the mother to pay child support. The trial court did not consider the father's personal savings which had been used to support the family. Reversed in part.
Court: Georgia Court of Appeals, Judge: Miller, Filed On: May 10, 2024, Case #: A24A0236, Categories: Family Law
J. Markle finds that the trial court properly convicted defendant of trafficking more than 400 grams of methamphetamine and possession with intent to distribute methamphetamine. The trial court correctly excluded evidence that defendant's son had prior convictions for methamphetamine possession, sale and distribution. Defendant claimed the evidence explained his state of mind in taking responsibility for the drugs to prevent his son from being arrested and showed the son's ability and intent to possess the drugs. The evidence was inadmissible and its exclusion did not prevent defendant from mounting his defense. Defendant failed to show that his trial counsel's performance was deficient. Affirmed.
Court: Georgia Court of Appeals, Judge: Markle, Filed On: May 9, 2024, Case #: A24A0010, Categories: Drug Offender, Evidence, Ineffective Assistance
[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. Watkins finds that the trial court properly convicted defendant of criminal attempt to commit rape and aggravated assault. The trial court did not commit any error in admitting into evidence defendant's prior child molestation conviction or defendant's interest in tarot cards and invocation of the devil. The evidence of defendant's prior conviction was relevant to help establish the credibility of the victim's accusation that defendant tried to rape and strangle her while chanting about the devil and speaking in an unknown language. The evidence related to defendant's chanting and calling himself the devil was probative and not unfairly prejudicial to defendant. The state's error in mentioning the prior child victim's age was harmless. Affirmed.
Court: Georgia Court of Appeals, Judge: Watkins, Filed On: May 9, 2024, Case #: A24A0518, Categories: Sex Offender, Assault
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
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