503 results for 'court:"Georgia Court of Appeals"'.
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. 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
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
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
J. Pipkin finds that the trial court properly convicted defendant of criminal attempt to commit child molestation, trafficking of a person for sexual servitude and computer pornography. Sufficient evidence was presented to support the convictions, including evidence that defendant drove to meet a girl he believed was 14 years old and told her he wanted her to be his "pet" and "live-in maid with benefits." However, the trial court incorrectly convicted defendant of obscene internet contact with a child and criminal attempt to commit sexual exploitation of a child. Defendant's exchanges with the investigator posing as a child were not explicit verbal descriptions or narrative accounts addressed by the statute. Reversed in part.
Court: Georgia Court of Appeals, Judge: Pipkin, Filed On: March 15, 2024, Case #: A23A1610, Categories: Sex Offender
J. Pipkin finds that the juvenile court properly terminated the mother's parental rights to her two children. Sufficient evidence was presented to support the order, including evidence that the mother neglected one of the children and gave the other a bloody nose. The mother also failed to comply with a child support decree, failed to maintain stable housing and had mental health issues. Affirmed.
Court: Georgia Court of Appeals, Judge: Pipkin, Filed On: March 15, 2024, Case #: A23A1492, Categories: Family Law
J. Doyle finds that the trial court properly ruled in favor of the gas station owners in a breach of contract action brought by the gas supplier. The owners did not speak English sufficiently to read the contract, which was written in English. The trial court correctly found that the gasoline supply contract was unconscionable because it disproportionately allocated risk to the owners and contained incomprehensible language with respect to the price term. The contract also contained illegal and commercially unreasonable terms. Affirmed.
Court: Georgia Court of Appeals, Judge: Doyle, Filed On: March 15, 2024, Case #: A23A1432, Categories: Contract
J. Pipkin finds that the trial court properly denied defendant's motion for a new trial on his convictions for firearm offenses, theft by receiving stolen property, dog fighting and possession of marijuana with intent to distribute. Sufficient evidence was presented to support defendant's drug and theft convictions. The trial court correctly denied defendant's motion to suppress evidence discovered during a search of his home. A trash pull performed by law enforcement was not improper. The seizure of firearms, body armor and bullets during the search of defendant's home was authorized because those items were found while police were searching for drugs and items used in the sale of marijuana. Affirmed.
Court: Georgia Court of Appeals, Judge: Pipkin, Filed On: March 15, 2024, Case #: A23A1412, Categories: Drug Offender, Firearms, Search
J. Doyle finds that the trial court properly ruled in favor of the doctors in a medical malpractice action brought by the parents arising from their mentally ill son's accidental drowning death after he was discharged to them from the doctors' care. The son ran away after being discharged and was found dead in a lake three days later. The son's drowning some time after his discharge is too remote to be the proximate result of his discharge. There is no evidence that the son was unsafe to walk on his own and no evidence explaining what caused him to drown. Affirmed.
Court: Georgia Court of Appeals, Judge: Doyle, Filed On: March 15, 2024, Case #: A23A1715, Categories: Medical Malpractice
J. Pipkin rules that the trial court improperly convicted defendant of cruelty to children in the first degree and finds that defendant is entitled to a new trial on that offense due to juror misconduct. The verdict form given to the jury incorrectly listed the charge as cruelty to children in the third degree. Upon being recalled for a second round of deliberations after the mistake was discovered, a juror used her phone to Google the classifications of the offense of cruelty to children and then shared the information with other jurors. The trial court correctly convicted defendant of sexual battery. Defendant's trial counsel was not deficient for allowing defendant to proceed to trial with only one hearing aid. Defendant twice told the trial court that he was able to hear. Reversed in part.
Court: Georgia Court of Appeals, Judge: Pipkin, Filed On: March 15, 2024, Case #: A23A1752, Categories: Ineffective Assistance, Jury, Sex Offender
J. Pipkin finds that the trial court properly denied the company's motion to set aside the default judgment and $25 million damages award entered against it in a wrongful death, product liability and negligence action brought by the estate administrator. The action arose after the decedent was pulled into a steel wire manufacturing machine and decapitated. The trial court correctly found that the company waived any argument that apportionment of the damages was required or appropriate when it failed to appear at the damages trial. The defaulting companies also failed to present any evidence on apportionment. Affirmed.
Court: Georgia Court of Appeals, Judge: Pipkin, Filed On: March 15, 2024, Case #: A23A1697, Categories: Damages, Product Liability, Wrongful Death
J. McFadden finds that the trial court improperly granted the nephew's motion for partial summary judgment on the aunt's action seeking specific performance of an oral promise given to her by her deceased mother guaranteeing a life estate on family property recently conveyed to the nephew. The trial court incorrectly found that there was no evidence the aunt entered into possession pursuant to the gift of a life estate. The aunt testified that she only returned to the property after her mother promised her the right to live at the property for the rest of her life. Reversed.
Court: Georgia Court of Appeals, Judge: McFadden, Filed On: March 15, 2024, Case #: A23A1302, Categories: Property
J. McFadden finds that the trial court properly ruled in favor of the executrix in an action brought by the cousins challenging the validity of the decedent's will and alleging claims of undue influence and lack of testamentary capacity. The cousins failed to show that the decedent lacked the requisite mental capacity when she signed her will. The decedent's attorney and a notary both testified that the decedent was of sound mind when she executed her will. A doctor's affidavit stating the decedent had dementia does not show that she was unable to make a valid will. There is no evidence that the executor took part in planning or executing the will. Affirmed.
Court: Georgia Court of Appeals, Judge: McFadden, Filed On: March 14, 2024, Case #: A24A0111, Categories: Wills / Probate
J. Rickman finds that the trial court improperly refused to rule in favor of the theme park in a negligence action brought by the patron arising from injuries he suffered when another guest crashed into the back of his go-kart. Evidence showed that the patron had previously ridden the go-kart course and knew that the go-karts sometimes bumped each other. He therefore assumed the risk of his injuries. Reversed.
Court: Georgia Court of Appeals, Judge: Rickman, Filed On: March 14, 2024, Case #: A23A1463, Categories: Negligence