31 results for 'judge:"Markle"'.
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
J. Markle finds that the trial court improperly denied the employer's motion to dismiss the employee's disability discrimination and retaliation action and incorrectly found that the employer waived its sovereign immunity to the employee's federal claims pursuant to the appeals court's 2002 decision in Williamson v. Dept. of Human Resources. The employee was demoted and fired due to absenteeism after she was diagnosed with breast cancer. The earlier case determining that the legislature waived a state actor's sovereign immunity to federal discrimination claims by enacting the Fair Employment Practices Act was wrongly decided. The Act does not waive the state's immunity to ADA claims. Reversed.
Court: Georgia Court of Appeals, Judge: Markle, Filed On: March 5, 2024, Case #: A23A1467, Categories: Ada / Rehabilitation Act, Employment Discrimination
J. Markle finds that the trial court properly ruled partially in favor of the surgeons in a medical malpractice action brought by the patient arising from rectal injuries she suffered after a laparoscopic hysterectomy. The trial court correctly found that the surgeons are not vicariously liable for the acts or omissions of a medical student who participated in the procedure. There was no employment relationship between the surgeons and the student. Affirmed.
Court: Georgia Court of Appeals, Judge: Markle, Filed On: February 29, 2024, Case #: A23A1419, Categories: Medical Malpractice
J. Markle finds that the trial court properly ruled in favor of the attorney in a legal malpractice and breach of contract action brought by the trustee after her fraud lawsuit against an insurance company was dismissed in federal court. The trustee did not have an individual attorney-client relationship with the attorney because the attorney represented the trust. The trial court correctly found that the attorney was entitled to judgmental immunity for his decisions in the underlying action to proceed under Georgia rather than New York law and to seek reformation of the insurance contract instead of rescission. Affirmed.
Court: Georgia Court of Appeals, Judge: Markle, Filed On: February 20, 2024, Case #: A23A1733, Categories: Legal Malpractice
J. Markle finds that the probate court improperly ruled that the son breached his fiduciary duties while acting as the decedent's conservator and incorrectly ordered the son to reimburse the decedent's estate. The probate court did not follow statutory rules when it failed to determine who acted as the decedent's personal representative and whether the court was required to appoint a guardian-ad-litem. Vacated.
Court: Georgia Court of Appeals, Judge: Markle, Filed On: February 20, 2024, Case #: A23A1397, Categories: Wills / Probate
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J. Markle finds that the trial court properly ruled in favor of the landlord in a breach of contract action against the guarantor but incorrectly included an award of 150% of rent and attorney fees in the damages award. The trial court did not conduct the correct analysis with respect to the award. The guaranty signed by the guarantor clearly obligated her to pay money due under the lease between her company and the landlord. Although the guaranty incorrectly referred to the guarantor as the tenant instead of her company, the error does not render the guaranty unenforceable. Affirmed in part.
Court: Georgia Court of Appeals, Judge: Markle, Filed On: February 8, 2024, Case #: A23A1647, Categories: Landlord Tenant, Contract
J. Markle finds that the trial court improperly ordered the citizens to post a $364,000 surety bond in a declaratory judgment and injunctive relief action against the state challenging the development and construction of electric vehicle manufacturing facilities on state-owned land. The trial court failed to consider the merits of the citizens' claims that the development failed to comply with building codes and environmental controls before ordering them to post bond. Vacated.
Court: Georgia Court of Appeals, Judge: Markle, Filed On: February 2, 2024, Case #: A23A1718, Categories: Zoning
J. Markle finds that the trial court properly convicted defendant of multiple drug-related offenses and possession of a firearm during the commission of a felony. A successor judge who had not presided over defendant's trial correctly denied his motion for a new trial. The successor judge had authority to rule on the motion. Affirmed.
Court: Georgia Court of Appeals, Judge: Markle, Filed On: January 4, 2024, Case #: A23A1215, Categories: Drug Offender, Firearms, Judiciary
J. Markle finds that the trial court properly convicted defendant of rape and aggravated sodomy. The trial court did not commit any error by failing to instruct the jury on attacking a witness's credibility. Evidence of defendant's prior statutory rape conviction was correctly admitted because it was relevant to defendant's identity and intent. Defendant failed to show that his trial counsel performed deficiently. Affirmed.
Court: Georgia Court of Appeals, Judge: Markle, Filed On: January 4, 2024, Case #: A23A1753, Categories: Ineffective Assistance, Sex Offender, Jury Instructions
J. Markle finds that the trial court properly ruled in favor of the employer in an action brought by the employee under the Federal Employers' Liability Act arising after he was diagnosed with terminal lung cancer following years of smoking and on-the-job exposure to diesel exhaust, asbestos and silica dust. The trial court correctly granted the employer's motion to exclude expert testimony from a doctor because the methodology behind the doctor's opinion was unreliable. The doctor failed to show how studies on which he relied applied to the employee's case and failed to explain why he ruled out the employee's smoking as the sole cause of his cancer. Affirmed.
Court: Georgia Court of Appeals, Judge: Markle, Filed On: November 3, 2023, Case #: A23A0839, Categories: Employment, Negligence
J. Markle finds that the trial court improperly denied the association's motion to dismiss the nightclub's breach of contract action arising after the association opposed its application for a special use permit to build an outdoor deck. The trial court incorrectly found that the anti-SLAPP statute did not apply in this case and that there was a probability the nightclub would prevail on its claims. The association's activity in opposition to the permit was in front of a municipal legislative body and was protected under the statute. The agreement between the parties in which the association pledged to support the nightclub's zoning applications for development did not obligate the association to support all of the nightclub's proposed renovations. Reversed.
Court: Georgia Court of Appeals, Judge: Markle, Filed On: October 26, 2023, Case #: A23A0955, Categories: Anti-slapp, Contract
J. Markle finds that the trial court improperly denied the attorney's motion to strike a libel and slander action brought by the doctor arising from statements the attorney made to other attorneys with regard to a cease and desist order issued by the health department blocking the doctor's surgery center from performing orthopedic surgeries. The statements were conditionally privileged and made during private settlement communications with opposing counsel in pending litigation. The trial court therefore incorrectly denied the motion to strike the complaint under Georgia's anti-SLAPP statute. Reversed.
Court: Georgia Court of Appeals, Judge: Markle, Filed On: October 20, 2023, Case #: A23A0863, Categories: Anti-slapp, Defamation
J. Markle finds that the juvenile court properly terminated the father's parental rights and correctly denied his motion for a new trial. The father was personally served with the petition by a deputy who left the documents with the father's mother at the father's direction. Sufficient evidence was presented to support the juvenile court's finding that the children were dependent and that the dependency was likely to continue. The father had a history of homelessness and inconsistent employment and failed to submit to drug tests or pay child support. Affirmed.
Court: Georgia Court of Appeals, Judge: Markle, Filed On: October 13, 2023, Case #: A23A0726, Categories: Family Law
J. Markle finds that the trial court improperly revoked defendant's first offender probation status and denied his motion to discharge his sentence. The trial court incorrectly conducted the revocation proceedings after defendant filed his first notice of appeal. The state failed to timely file the revocation petition before defendant's probation expired. Reversed.
Court: Georgia Court of Appeals, Judge: Markle, Filed On: September 15, 2023, Case #: A23A1138, Categories: Probation
J. Markle finds that the trial court properly convicted defendant of aggravated child molestation, aggravated sodomy, incest and child molestation. The trial court correctly denied defendant's motion for a new trial and did not commit any error by allowing the 15-year-old victim to testify outside defendant's physical presence. The victim was allowed to testify from another courtroom via one-way closed circuit television. The decision was necessary to protect the victim's welfare and was supported by the evidence. Affirmed.
Court: Georgia Court of Appeals, Judge: Markle, Filed On: September 13, 2023, Case #: A23A1115, Categories: Confrontation, Sex Offender, Child Victims
[Consolidated.] J. Markle finds that the trial court properly ruled in favor of the company in a negligence action brought by the drivers arising from injuries they suffered in traffic accidents caused by the company's employee during a period of suicidal behavior. The trial court correctly found that the supervising worker's conduct was not the proximate cause of the injuries due to the employee's intervening criminal conduct. The employee's act of stealing the company's van and driving into traffic was not a probable consequence of the worker's conduct in leaving the employee alone in the van. The employee later pleaded guilty to serious injury by vehicle, DUI and reckless driving. Affirmed.
Court: Georgia Court of Appeals, Judge: Markle, Filed On: September 8, 2023, Case #: A23A1056, Categories: Negligence
J. Markle finds that the trial court properly convicted defendant of aggravated child molestation and child molestation. The trial court's jury instructions sufficiently covered a charge requested by defendant on witness credibility related to the victim's delayed outcry. The trial court did not commit any error by charging the jury that time is not an essential element of the offenses. Affirmed.
Court: Georgia Court of Appeals, Judge: Markle, Filed On: September 5, 2023, Case #: A23A0971, Categories: Sex Offender, Child Victims, Jury Instructions
J. Markle finds that the trial court properly convicted defendant of making terroristic threats and correctly denied his motion for a new trial. Sufficient evidence was presented to support defendant's conviction, including evidence that defendant threatened to stab his brother. Affirmed.
Court: Georgia Court of Appeals, Judge: Markle, Filed On: September 5, 2023, Case #: A23A0851, Categories: Threats
J. Markle finds that the trial court properly ruled in favor of the hospital authority in an action against the board seeking a declaration that its leasehold in a property was exempt from ad valorem taxation. The trial court correctly found that the authority's leasehold interest is exempt as public property. The property is a project contemplated under the authority's law because it is a continuing care residential retirement community which addresses a public need and its income derived from caring for the elderly is devoted to public purposes. Affirmed.
Court: Georgia Court of Appeals, Judge: Markle, Filed On: June 28, 2023, Case #: A23A0373, Categories: Tax
J. Markle finds that the trial court properly convicted defendant of kidnapping with bodily injury, rape, robbery by force, aggravated assault and obstructing officers. The trial court correctly admitted evidence of a prior strangling allegation against defendant because the evidence was relevant to show defendant's intent. The probative value of the evidence outweighed any undue prejudice to defendant. The trial court did not commit any error in allowing the state to introduce evidence of defendant's refusal to consent to a cheek swab. Defendant failed to show that his trial counsel's performance was deficient. Affirmed.
Court: Georgia Court of Appeals, Judge: Markle, Filed On: June 27, 2023, Case #: A23A0259, Categories: Sex Offender, Assault, Kidnapping
J. Markle finds that the trial court improperly dismissed defendant's motion to vacate a void sentence. However, the trial court correctly found that defendant's life sentence for armed robbery and 20-year sentence for aggravated assault are not void because they fall within the statutory range of punishment. The trial court was authorized to impose a life sentence for the armed robbery conviction regardless of whether defendant was a recidivist. The motion should have been denied rather than dismissed. Vacated.
Court: Georgia Court of Appeals, Judge: Markle, Filed On: June 21, 2023, Case #: A23A0220, Categories: Robbery, Sentencing, Assault
J. Markle finds that the trial court correctly awarded the ex-wife a pool table and a television in an order dividing the couple's property but incorrectly awarded the ex-wife a house. The trial court failed to specify who will retain title to the home, therefore the case is remanded for the trial court to make that determination. Affirmed in part.
Court: Georgia Court of Appeals, Judge: Markle, Filed On: June 21, 2023, Case #: A23A0180, Categories: Family Law
[Consolidated.] J. Markle finds that the trial court improperly denied the boyfriend's motions for partial summary judgment on claims for breach of promise to marry and fraud in an action brought by the girlfriend after she called their engagement off due to the boyfriend's sexual text messages with other women. The boyfriend's promise to marry is unenforceable because the parties failed to execute the prenuptial agreement upon which the marriage was conditioned. The girlfriend cannot show that the boyfriend did not intend to marry her at the time of their engagement. The trial court correctly denied the girlfriend's motions to compel and reopen discovery. Reversed.
Court: Georgia Court of Appeals, Judge: Markle, Filed On: June 21, 2023, Case #: A23A0204, Categories: Fraud
J. Markle finds that the juvenile court properly adjudicated the juvenile delinquent for possession of a gun by a person under the age of 18 and theft by receiving stolen property. The juvenile court correctly found that reasonable efforts had been made to prevent the need to remove the juvenile from his home. The juvenile court also did not abuse its discretion in committing the juvenile to the Department of Juvenile Justice for two years as the least restrictive disposition in light of the increasing severity of the juvenile's crimes and the juvenile's testimony that he did not want to be released into his father's care. Affirmed.
Court: Georgia Court of Appeals, Judge: Markle, Filed On: June 9, 2023, Case #: A23A0622, Categories: Juvenile Law
J. Markle finds that the trial court improperly ruled in favor of the insured in an action brought by the insurer for unpaid workers' compensation insurance premiums. The insured failed to respond to the insurer's admission requests and therefore admitted that he owed the outstanding balance. Reversed.
Court: Georgia Court of Appeals, Judge: Markle, Filed On: May 31, 2023, Case #: A23A0065, Categories: Insurance, Contract
J. Markle finds that the trial court properly revoked defendant's probation after he committed new drug offenses and sentenced him to five years in prison. The trial court did not commit any error by refusing to consider placing defendant in a drug rehab program instead of incarcerating him because defendant's new offenses were felonies. However, the trial court incorrectly computed defendant's credit for time served on probation. Affirmed in part.
Court: Georgia Court of Appeals, Judge: Markle, Filed On: May 25, 2023, Case #: A23A0482, Categories: Drug Offender, Probation
J. Markle finds that the trial court improperly ruled in favor of the individual in a negligence action brought by the injured driver arising from a car collision. The trial court incorrectly found that there was a valid settlement agreement between the parties. There is no evidence that the injured driver's alleged acceptance of the settlement was communicated to the individual's counsel. The communications between the firm the injured driver initially hired to represent him and the individual's counsel would not have led the individual's counsel to believe the firm had accepted the counter offer. Vacated.
Court: Georgia Court of Appeals, Judge: Markle, Filed On: May 24, 2023, Case #: A23A0587, Categories: Settlements, Negligence
J. Markle finds that the trial court improperly denied the county's and board of commissioners' motion for summary judgment in an action brought by the property owner alleging a violation of equal protection rights based on racial discrimination. The action arose after the board denied a prospective buyer's application for a conditional use permit to build poultry houses on the land. The owner lacked standing to bring the third-party racial discrimination claim on behalf of the buyer, who is of Vietnamese descent, because she failed to show that her relationship to the buyer was close enough that she could represent his interests. Reversed.
Court: Georgia Court of Appeals, Judge: Markle, Filed On: May 22, 2023, Case #: A23A0614, Categories: Civil Rights, Property, Equal Protection
J. Markle finds that the trial court properly convicted defendant of aggravated assault on a peace officer, fleeing or attempting to elude law enforcement, aggressive driving and other offenses. Defendant's trial counsel was not deficient for failing to file a general demurrer challenging the aggravated assault and fleeing counts. The indictment was not fatally defective and pleaded the essential elements of the offense of aggravated assault. Affirmed.
Court: Georgia Court of Appeals, Judge: Markle, Filed On: May 19, 2023, Case #: A23A0348, Categories: Ineffective Assistance, Assault