39 results for 'judge:"Dillard"'.
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. 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. 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. Dillard finds that the trial court properly convicted defendant of rape, kidnapping, aggravated sodomy and aggravated assault. Defendant waived his ability to challenge the trial court's handling of an incident in which a prospective juror told other jurors, some of whom ended up on the jury, that "he did it." The juror was removed. The decision by defendant's trial counsel not to further question jurors about the incident was strategic and defendant failed to show he was prejudiced by the decision. Affirmed.
Court: Georgia Court of Appeals, Judge: Dillard, Filed On: March 14, 2024, Case #: A24A0358, Categories: Ineffective Assistance, Jury, Sex Offender
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J. Dillard finds that the trial court improperly denied defendant's motion to suppress evidence of unopened cigarette packages and a hammer found in his lunch bag. Defendant was indicted for burglary and possession of tools for the commission of a crime. Police officers had reasonable, articulable suspicion to detain defendant for further investigation based on his presence in the vicinity of a crime during the early morning hours and his decision to flee from a deputy even before the deputy made any contact. However, the search of defendant's bag was not supported by reasonable, articulable suspicion. Reversed.
Court: Georgia Court of Appeals, Judge: Dillard, Filed On: March 11, 2024, Case #: A23A1677, Categories: Burglary, Search
J. Dillard finds that the trial court properly denied defendant's motion arguing that the statute of limitation barred her prosecution for failure to maintain her lane of travel. Defendant's prosecution commenced in January 2021 on the date the traffic citation was issued, not in March 2023 when the first accusation in the case was filed. The prosecution therefore did not violate the statute of limitation. However, the trial court failed to sufficiently rule on defendant's claim that her right to a speedy trial was violated. The case is remanded to allow the trial court to enter an order including proper findings on that issue. Affirmed in part.
Court: Georgia Court of Appeals, Judge: Dillard, Filed On: February 13, 2024, Case #: A23A1501, Categories: Criminal Procedure
J. Dillard finds that the trial court improperly granted the driver's motion to enforce an insurance settlement in an action brought by the estate administrator seeking damages for a car collision that resulted in the decedent's death. The trial court incorrectly found that the insurer's release and payment complied with the terms of the administrator's offer and formed a settlement agreement. The insurer's check indicated that it would become void if not presented within 90 days, varying from the requirement in the administrator's offer that the settlement payment be free from conditions that are not permitted in the release. Reversed.
Court: Georgia Court of Appeals, Judge: Dillard, Filed On: February 13, 2024, Case #: A23A1527, Categories: Settlements
J. Dillard finds that the trial court properly granted defendant's third amended motion to suppress evidence found during a police search of a home which led to defendant's arrest for armed robbery, aggravated assault and a firearm offense. The trial court correctly found that defendant had standing to challenge the validity of the search warrant because he was a regular overnight guest at the home. Defendant had been staying at the home in the days before the search warrant was executed and had clothes and personal items with him. Affirmed.
Court: Georgia Court of Appeals, Judge: Dillard, Filed On: January 30, 2024, Case #: A23A1728, Categories: Evidence, Robbery, Search
J. Dillard finds that the trial court improperly ruled in favor of the lake owner in a declaratory judgment action against the property owners seeking to restrict the property owners' use of the lake. The property owners' warranty deed established an easement for use of the lake by express grant. Reversed.
Court: Georgia Court of Appeals, Judge: Dillard, Filed On: January 29, 2024, Case #: A23A1265, Categories: Property
J. Dillard finds that the trial court improperly granted the company's motion for permanent injunction in an action against the individual and ordered the individual to remove an affidavit asserting an ownership interest in a parcel of land currently owned by the company. The trial court incorrectly characterized the language expressing consideration in the quitclaim deeds conveying the property from the individual to the company. Vacated.
Court: Georgia Court of Appeals, Judge: Dillard, Filed On: January 24, 2024, Case #: A23A1382, Categories: Property
J. Dillard finds that the trial court properly convicted defendant of aggravated assault, family violence battery and criminal trespass. The trial court correctly admitted into evidence a nurse examiner's expert opinions about the effects of strangulation and correctly qualified the nurse examiner as an expert witness. Defendant was told before trial that the nurse examiner would use an anatomical diagram and otherwise failed to establish that he was prejudiced by the state's alleged failure to comply with discovery obligations. Any error in admitting the nurse examiner's testimony probably did not affect the trial outcome in light of the strong evidence of defendant's guilt. Affirmed.
Court: Georgia Court of Appeals, Judge: Dillard, Filed On: January 23, 2024, Case #: A23A1765, Categories: Assault, Battery, Experts
J. Dillard finds that the juvenile court improperly adjudicated the mother's six children dependent following the death of the mother's two-month-old. The juvenile court's decision was not supported by clear evidence that the children were subject to abuse or neglect. Although the mother and her partner admitted to using marijuana, there was no evidence that the drug use was excessive or adversely impacted the children. There were two incidents when two children suffered injuries but the mother immediately sought treatment for them and there was no evidence that the mother inflicted the injuries on the children. Reversed.
Court: Georgia Court of Appeals, Judge: Dillard, Filed On: January 23, 2024, Case #: A23A1311, Categories: Family Law
J. Dillard finds that the trial court improperly granted a declaratory judgment in favor of the association in an action arising from a dispute over the construction of a property owner's home. The trial court incorrectly denied the owner's request for a declaratory judgment that he is not subject to a declaration's provisions related to construction. The trial court failed to consider the entire declaration or whether the language in the exemption provision was ambiguous. Reversed.
Court: Georgia Court of Appeals, Judge: Dillard, Filed On: January 23, 2024, Case #: A23A1709, Categories: Contract
[Consolidated.] J. Dillard finds that the trial court improperly refused to find in favor of the wholesale company or the company owner in a malicious prosecution and emotional distress action brought by the individual. The action arose from the individual's robbery, terroristic threats and battery indictment for trying to confiscate male sex-enhancement pills from the company which he claimed were counterfeit and infringing on his trademark. The trial court incorrectly analyzed elements of the malicious prosecution claim by failing to acknowledge the evidence that probable cause supported the individual's charged offenses. Vacated.
Court: Georgia Court of Appeals, Judge: Dillard, Filed On: January 23, 2024, Case #: A23A1472, Categories: Malicious Prosecution
J. Dillard finds that the trial court properly granted the insurer's motion to dismiss a negligence action brought by the driver arising from a car collision with an individual. The trial court also correctly denied the driver's motion for service by publication. There was a four-month delay between the expiration of the statute of limitations and the driver's motion. The driver failed to exercise the greatest possible diligence in attempting to serve the individual. Affirmed.
Court: Georgia Court of Appeals, Judge: Dillard, Filed On: January 23, 2024, Case #: A23A1244, Categories: Civil Procedure, Negligence
J. Dillard finds that the trial court properly convicted defendant of theft by taking and exploitation and intimidation of a disabled adult, elder person or resident. The trial court correctly denied defendant's motion for a new trial. Defendant's convictions are not mutually exclusive because there is no requirement that defendant must have been in possession of the victim's property unlawfully to commit the offense of exploitation of a disabled adult. Defendant exploited the victim's resources for her benefit under the false pretense that she was protecting the victim's property. Affirmed.
Court: Georgia Court of Appeals, Judge: Dillard, Filed On: December 19, 2023, Case #: A23A1318, Categories: Theft
J. Dillard finds that the trial court properly convicted defendant of armed robbery, aggravated assault, aggravated battery, possession of a firearm during the commission of a felony and other offenses. The trial court correctly allowed the co-defendant to identify defendant in surveillance footage of the armed robbery. The co-defendant lived with defendant and was familiar with defendant's appearance. Affirmed.
Court: Georgia Court of Appeals, Judge: Dillard, Filed On: December 19, 2023, Case #: A23A1446, Categories: Robbery, Assault, Battery
J. Dillard finds that the trial court properly denied the company's and company owner's motion to open a default judgment entered against them in a fraud, conversion and breach of contract action brought by the individual seeking constructive trust, an equitable lien and an equitable accounting. The individual alleged that the company did not repay him after failing to invest his money in a luxury van business or provide him with credit monitoring services. The trial court also correctly denied the company's and company owner's demand for a jury trial on damages because they did not file a pleading placing damages in issue. However, the trial court incorrectly awarded attorney fees and litigation expenses. Affirmed in part.
Court: Georgia Court of Appeals, Judge: Dillard, Filed On: October 20, 2023, Case #: A23A0934, Categories: Fraud, Damages, Conversion
[Consolidated.] J. Dillard finds that the trial court properly ruled partially in favor of the driver in a negligence action brought by the individual arising from a car collision. There is no evidence that the driver had a history of causing accidents while driving and using a phone, therefore there is no showing of a pattern of dangerous driving and the individual was not entitled to an award of punitive damages. The trial court correctly refused to find in favor of the driver on the issue of whether an award against the individual is permissible under the statute for bad faith. Affirmed.
Court: Georgia Court of Appeals, Judge: Dillard, Filed On: October 19, 2023, Case #: A23A0730, Categories: Damages, Negligence
J. Dillard finds no error in the jury's verdict in favor of the cyclist and motorist in the citizen's negligence lawsuit over a car accident she says they caused which led to her neck and back injuries. Although the trial court's jury instruction regarding the preponderance-of-the-evidence standard was "erroneous and misleading" as the citizen claims, the error does not warrant a new trial, in part because the driver herself admitted at trial that neither the motorist nor the cyclist "did anything wrong" to cause the accident, making it unlikely that the disputed instruction contributed to the jury's verdict. Affirmed.
Court: Georgia Court of Appeals, Judge: Dillard, Filed On: October 3, 2023, Case #: A23A0986, Categories: Jury, Vehicle, Negligence
J. Dillard finds the lower court improperly affirmed the denial of the citizen's claim for Covid-19 pandemic unemployment benefits. The lower court incorrectly upheld the state labor department's finding that the citizen was unemployed for reasons unrelated to Covid-19, as the record shows her self-employment running a child care center out of her home and providing Spanish-English translation services was directly affected by the public health emergency sparked by the pandemic, and her admission of fear of exposure to the coronavirus does not refute that her employment was effectively brought to a halt by the pandemic. Reversed.
Court: Georgia Court of Appeals, Judge: Dillard, Filed On: October 3, 2023, Case #: A23A0796, Categories: Insurance, Agency, Covid-19
J. Dillard finds that the trial court properly convicted defendant of voluntary manslaughter, aggravated assault and a firearm offense. Sufficient evidence was presented to support defendant's convictions. The trial court did not commit any error by instructing the jury on voluntary manslaughter as a result of mutual combat or by refusing to instruct the jury on involuntary manslaughter as a result of accident or reckless conduct. There was evidence that defendant and a third party fired guns at each other, supporting the mutual combat instruction. There is no evidence defendant's gun discharged accidentally or that his actions were merely reckless. Affirmed.
Court: Georgia Court of Appeals, Judge: Dillard, Filed On: September 19, 2023, Case #: A23A1077, Categories: Firearms, Manslaughter, Jury Instructions
J. Dillard finds that the trial court improperly denied defendant's motion to set aside or correct his five-year prison sentence arising from his guilty plea to felony sexual battery. Defendant's sentence was void because the victim was over the age of 16 at the time the offense occurred. Defendant therefore should have been sentenced for misdemeanor sexual battery. Reversed.
Court: Georgia Court of Appeals, Judge: Dillard, Filed On: August 16, 2023, Case #: A23A0775, Categories: Sentencing, Sex Offender
J. Dillard finds that the trial court properly convicted defendant of fleeing or attempting to elude a police officer, obstruction of a police officer, battery, possession of an open alcoholic beverage container in a passenger area of a car, possession of less than an ounce of marijuana and other offenses. Sufficient evidence was presented to support defendant's drug possession conviction. Defendant failed to show that the trial outcome was impacted by the trial court's failure to charge the jury on misdemeanor obstruction as a lesser-included offense of felony obstruction. Affirmed.
Court: Georgia Court of Appeals, Judge: Dillard, Filed On: August 16, 2023, Case #: A23A0667, Categories: Drug Offender, Obstruction, Jury Instructions
[Consolidated.] J. Dillard vacates the appeals court's former opinion in the case, adopts the judgment of the Georgia Supreme Court partially upholding the opinion, and finds that the trial court correctly dismissed the county resident's injunctive relief action as barred by sovereign immunity. The resident's action sought to prevent the removal of a Confederate monument. The statute did not waive the county's sovereign immunity and does not include injunctive relief as a remedy. Affirmed.
Court: Georgia Court of Appeals, Judge: Dillard, Filed On: June 29, 2023, Case #: A21A0734, Categories: Immunity
J. Dillard finds that the trial court improperly denied the ex-husband's request for a declaratory judgment and ordered him to maintain a life insurance policy naming the ex-wife as a beneficiary even after she remarried. Although the trial court correctly found that the ex-husband's payment of the policy premiums constituted periodic alimony, it incorrectly relied on the doctrine of promissory estoppel to find that his obligation to maintain the policy continued after the ex-wife's remarriage. Reversed.
Court: Georgia Court of Appeals, Judge: Dillard, Filed On: June 21, 2023, Case #: A23A0489, Categories: Family Law, Insurance
J. Dillard finds that the trial court properly found in favor of the employer in a negligence action brought by the widow arising from fatal injuries her husband suffered in a vehicle collision with the employee. The trial court correctly found in favor of the employer on the widow's vicarious liability claim. The employer's request that the employee work on the holiday did not create a genuine issue of fact as to whether she was on a special mission when she was commuting to work the morning of the crash. Affirmed.
Court: Georgia Court of Appeals, Judge: Dillard, Filed On: June 9, 2023, Case #: A23A0430, Categories: Negligence
J. Dillard finds that the trial court properly denied the debtor's motion for class certification on his class action counterclaim to the debt collector's action seeking payment for an allegedly delinquent credit card debt. The debtor failed to satisfy the numerosity requirement for class certification. Affirmed.
Court: Georgia Court of Appeals, Judge: Dillard, Filed On: June 7, 2023, Case #: A23A0403, Categories: Debt Collection, Class Action