35 results for 'judge:"Pipkin"'.
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. 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. 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
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J. Pipkin finds that the trial court improperly ruled in favor of the company on a specific performance claim against the development authority in an action arising from the authority's alleged breach of a property purchase and sale agreement. The company failed to present evidence of the property's value. However, the trial court correctly ruled in favor of the company on the authority's breach of contract and litigation expenses counterclaims. Reversed in part.
Court: Georgia Court of Appeals, Judge: Pipkin, Filed On: March 13, 2024, Case #: A23A1332, Categories: Real Estate, Contract
J. Pipkin finds that the juvenile court properly removed the child from the foster parents' home and placed him with his paternal aunt and her husband. The juvenile court correctly found that it was in the child's best interest to be placed with the aunt and that concerns about removing the child from his strong connection to the foster family were outweighed by the benefit of placing him with his biological family. Affirmed.
Court: Georgia Court of Appeals, Judge: Pipkin, Filed On: February 15, 2024, Case #: A23A1454, Categories: Family Law
J. Pipkin finds that the trial court properly convicted defendant of aggravated child molestation. Defendant failed to show that he was prejudiced by any alleged deficiencies in the indictment. The trial court did not commit any error in instructing the jury that the offenses could be proven on any date within the statute of limitations. Defendant failed to show that his trial counsel was deficient for failing to strike a juror from the venire or that he was prejudiced by his trial counsel's failure to request a jury charge on alibi. Affirmed.
Court: Georgia Court of Appeals, Judge: Pipkin, Filed On: January 24, 2024, Case #: A23A1307, Categories: Ineffective Assistance, Sex Offender, Child Victims
J. Pipkin finds that the trial court improperly denied the taxpayers' motion for class certification in an action against the county and municipalities alleging that the county board of assessors used an illegal method for determining property taxes on homes sold in 2015 in order to assess higher taxes. The taxpayers established commonality in the proposed class because they claim that all class members suffered the injury of having their taxes calculated by an illegal method of valuation due to the county's and municipalities conduct in overriding the fair market value assessment. The trial court incorrectly found that the taxpayers did not meet the predominance requirement. Reversed.
Court: Georgia Court of Appeals, Judge: Pipkin, Filed On: January 18, 2024, Case #: A23A1646, Categories: Tax, Class Action
J. Pipkin finds that the trial court properly denied defendant's motion to make a habeas court order granting him an out-of-time appeal of the order of the plea court. Defendant was sentenced to 20 years in prison following his guilty plea to voluntary manslaughter as a lesser included offense of felony murder. The trial court correctly found that it lacked authority to grant defendant an out-of-time appeal in light of the Georgia Supreme Court's 2022 ruling in Cook v. State. Defendant also failed to file a notice of appeal within the 30-day deadline following the habeas court's order. Affirmed.
Court: Georgia Court of Appeals, Judge: Pipkin, Filed On: January 11, 2024, Case #: A23A1342, Categories: Habeas, Plea
[Consolidated.] J. Pipkin finds that the trial court properly entered default judgments in a quo warranto action brought by individuals seeking to remove two city council members from the council. The individuals claimed the council members did not meet the residency requirements. The trial court correctly struck one council member's answer and defenses due to intentional discovery violations. Affirmed.
Court: Georgia Court of Appeals, Judge: Pipkin, Filed On: December 21, 2023, Case #: A24A0389, Categories: Sanctions
J. Pipkin finds that the trial court properly ruled partially in favor of the charter schools in a breach of contract action brought against the school district alleging that the district and its board members violated the Charter Schools Act of 1998 and underfunded the schools. The district and board members are not entitled to sovereign immunity because the schools' claims arising from the alleged violation of the Act sound in contract rather than tort. The trial court correctly found that the district improperly reduced funding below the amount required by the contract, withheld an administrative fee from funding allocations and failed to include the schools in allocations of federal funding. Affirmed.
Court: Georgia Court of Appeals, Judge: Pipkin, Filed On: November 2, 2023, Case #: A23A0787, Categories: Education
[Consolidated.] J. Pipkin finds that the trial court improperly denied the mother's motion to dismiss a petition brought by the grandparents seeking to modify an existing grandparent visitation order. The grandparent visitation statute does not authorize a grandparent to initiate an action to modify an existing visitation order. Reversed.
Court: Georgia Court of Appeals, Judge: Pipkin, Filed On: October 26, 2023, Case #: A23A0999, Categories: Family Law
J. Pipkin finds that the trial court properly convicted defendant of neglect of an elder person and criminal attempt to commit the felony of murder. Sufficient evidence was presented to support defendant's convictions, including evidence that defendant continually gave excessive doses of sedating and narcotic medications to the unresponsive victim until her family made her stop. Defendant's trial counsel was not deficient for failing to assert immunity under a statute. Affirmed.
Court: Georgia Court of Appeals, Judge: Pipkin , Filed On: October 26, 2023, Case #: A23A0970, Categories: Elder Abuse
J. Pipkin finds that the trial court properly denied defendant's motion to withdraw her guilty plea to aggravated assault and making a terroristic threat. The trial court correctly accepted defendant's Alford plea to the terroristic threat charge. The record shows that defendant understood her rights and the consequences of the plea. The trial court also made sure defendant knew that she was waiving her right to confront her accusers by pleading guilty. Affirmed.
Court: Georgia Court of Appeals, Judge: Pipkin, Filed On: October 25, 2023, Case #: A23A1174, Categories: Assault, Threats, Plea
J. Pipkin finds that the trial court properly granted the company's motion to dismiss the conservator's and estate's wrongful death and negligence action arising from the decedent's disappearance after being discharged from a mental health facility. The conservator has not been appointed as the administrator of the decedent's estate and therefore lacks standing to bring a wrongful death action. Affirmed.
Court: Georgia Court of Appeals, Judge: Pipkin, Filed On: October 23, 2023, Case #: A23A1090, Categories: Negligence, Wrongful Death
[Consolidated.] J. Pipkin finds that the trial courts properly rejected challenges by companies to decisions by the Georgia Access to Medical Cannabis Commission, denying their applications for licenses to produce cannabis and manufacture low THC oil. Challenges related to the issuance of Class 1 production licenses are moot because the commission has already issued all of the available licenses. The Georgia Administrative Procedure Act does not authorize judicial review of the companies' unsuccessful post-award protests to the Class 2 application process and applicant selection. Affirmed in part.
Court: Georgia Court of Appeals, Judge: Pipkin, Filed On: October 12, 2023, Case #: A23A0862, Categories: Administrative Law
J. Pipkin finds that the trial court improperly ruled in favor of the estate administrator in an action seeking cancellation of a quitclaim deed executed by the decedent several days before her death which conveyed property to herself and her friend. The trial court incorrectly failed to instruct the jury on the law governing inter vivos gifts. The error was prejudicial in light of the fact that a question about whether the decedent intended to gift the property to the friend was at the heart of the case. Reversed.
Court: Georgia Court of Appeals, Judge: Pipkin, Filed On: October 11, 2023, Case #: A23A0633, Categories: Property
J. Pipkin finds that the trial court improperly upheld the municipal court's decision abating an alleged public nuisance in an action brought by the city. The municipal court exceeded its authority by ordering the gas station owner to enhance security measures and reduce the gas station's hours of operations for one year. Reversed.
Court: Georgia Court of Appeals, Judge: Pipkin, Filed On: September 20, 2023, Case #: A23A0903, Categories: Municipal Law
J. Pipkin finds that the trial court properly imposed separate sentences for defendant's convictions for aggravated assault with intent to rape and aggravated assault by strangulation. Defendant was convicted of aggravated assault under two different subsections of the statute, therefore the counts could not merge for sentencing. Affirmed.
Court: Georgia Court of Appeals, Judge: Pipkin, Filed On: August 17, 2023, Case #: A23A0894, Categories: Sentencing, Assault
J. Pipkin finds that the trial court properly denied defendant's motion for a new trial following his voluntary manslaughter and firearm convictions. Sufficient evidence was presented to support defendant's convictions and to allow the jury to find that defendant did not kill the victim in self-defense. Affirmed.
Court: Georgia Court of Appeals, Judge: Pipkin, Filed On: August 14, 2023, Case #: A23A1137, Categories: Firearms, Self Defense, Manslaughter
J. Pipkin finds that the trial court improperly held the potential juror in criminal contempt for discussing the facts of a criminal case in violation of the court's order not to speak to anyone about the case. The potential juror was sentenced to five days in jail and fined $1,000 for talking to other jurors about the case. The evidence was insufficient to hold the potential juror in contempt. The court's order was given as jurors were leaving on the evening of the first day of jury selection and could have been understood as barring them from talking about the case after leaving rather than barring them from discussing the facts of the case amongst themselves the next day. Reversed.
Court: Georgia Court of Appeals, Judge: Pipkin, Filed On: July 31, 2023, Case #: A23A0649, Categories: Jury, Contempt
J. Pipkin finds that the trial court properly ruled partially in favor of the company in an action brought by the former employee seeking a declaration that restrictive covenants in an operating agreement were void and unenforceable against him and his companies. The trial court correctly found that the restrictive covenants were controlled by Georgia’s Restrictive Covenants Act rather than by common law and were enforceable. The employee's claim that the restrictive covenants are void because they are indefinite is meritless. Affirmed.
Court: Georgia Court of Appeals, Judge: Pipkin, Filed On: June 30, 2023, Case #: A23A0369, Categories: Employment, Contract
J. Pipkin finds that the trial court improperly imposed sanctions on the doctor and hospital based on a finding that their counsel violated the Health Insurance Portability and Accountability Act in a medical malpractice action brought by the patient. The patient claimed the attorney violated HIPAA by having conversations with a surgeon who works with the doctor at the hospital and by providing medical records to the surgeon without the patient's permission. The transmission of the documents to help the surgeon prepare for a deposition in the case was not a "disclosure" under HIPAA because the hospital could provide protected health information about the patient to doctors within its organization to conduct legal services. Reversed.
Court: Georgia Court of Appeals, Judge: Pipkin, Filed On: June 28, 2023, Case #: A23A0547, Categories: Health Care, Sanctions, Medical Malpractice
J. Pipkin finds that the trial court improperly denied the injured driver's motion for partial summary judgment in a negligence action against the drivers arising from a car collision. The trial court also incorrectly granted the drivers' motion to enforce a pre-suit settlement. The drivers did not comply with the terms of acceptance of the settlement offer and therefore there was no formation of a settlement agreement. The injured driver was permitted to specify a day on which payment was due rather than require payment within a multi-day time frame. Reversed.
Court: Georgia Court of Appeals, Judge: Pipkin, Filed On: June 28, 2023, Case #: A23A0394, Categories: Settlements, Negligence
J. Pipkin finds that the trial court properly ruled in favor of the landlord on the tenant's negligence and trespass claims arising from a dispute over remediation efforts for water intrusions and mold growth on the leased premises. However, the trial court incorrectly found in favor of the landlord on the tenant's breach of contract and attorney fees claims. A section of the lease governing the tenant's installation of fixtures does not apply to the breach of contract issue related to work performed by the tenant on the ceiling. An issue of material fact exists as to the claim which must be decided by a jury. Reversed in part.
Court: Georgia Court of Appeals, Judge: Pipkin, Filed On: June 27, 2023, Case #: A23A0276, Categories: Landlord Tenant, Negligence, Contract
J. Pipkin finds that the trial court improperly ruled in favor of the engineering company in a negligence action brought by the homeowners alleging that structural drawings the company produced caused problems in the construction of their home. There is conflicting evidence as to whether the house was built in accordance with the company's design. Reversed.
Court: Georgia Court of Appeals, Judge: Pipkin, Filed On: June 23, 2023, Case #: A23A0061, Categories: Negligence
J. Pipkin finds that the trial court properly denied defendant's motion to dismiss a pending indictment on charges which are unspecified in the ruling. Defendant sought to dismiss for failure to dispose of the charges within 180 days as required by Article III of the Interstate Agreement on Detainers Act. There was evidence showing that defendant's request for final disposition of the charges under the Act was not actually delivered to the prosecuting officer or the court. Affirmed.
Court: Georgia Court of Appeals, Judge: Pipkin, Filed On: June 22, 2023, Case #: A23A0120, Categories: Criminal Procedure
[Consolidated.] J. Pipkin finds that the trial court properly convicted defendants of child molestation and sexual battery. The trial court properly denied defendants' motions for a new trial. Sufficient evidence was presented to establish venue with regard to one defendant and sufficient evidence was presented to support both defendants' convictions. One defendant's right to be present at trial was not violated when the judge spoke with the parties' counsel in the hallway outside the judge's chambers about the jury's request to watch a replay of a forensic interview. Affirmed.
Court: Georgia Court of Appeals, Judge: Pipkin, Filed On: June 21, 2023, Case #: A23A0347, Categories: Sex Offender, Child Victims
J. Pipkin finds that the trial court properly found partially in favor of the business partners on the executive's wrongful termination and breach of fiduciary duty claims based on his wrongful termination. The executive's action arose after he was fired and removed from the company's board of directors for coming to work intoxicated. There was no valid, verbal, implied employment contract between the parties, therefore the trial court correctly found that the executive was an at-will employee. However, the trial court incorrectly found in favor of the business partners as to the remainder of the fiduciary duty claim. The trial court failed to consider whether the executive had alleged a special injury distinct from that suffered by other shareholders when the company allegedly failed to reimburse him for expenses, destroyed his personal property and failed to act in the company's interest. Reversed in part.
Court: Georgia Court of Appeals, Judge: Pipkin, Filed On: June 20, 2023, Case #: A23A0480, Categories: Employment, Fiduciary Duty, Contract