41 results for 'judge:"Watkins"'.
J. Watkins upholds defendant's conviction for the murder of her 4-year-old child, who suffered a traumatic brain injury and was covered in multiple older injuries and scars. There was sufficient evidence to support the conviction and, contrary to defendant's argument, the state was not required to prove the child's death was caused by a deadly weapon. Affirmed.
Court: Texas Courts of Appeals, Judge: Watkins, Filed On: May 15, 2024, Case #: 04-23-00090-CR , Categories: Evidence, Murder, Child Victims
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. Watkins finds that the trial court properly ruled in favor of the hospital and the doctor in a breach of contract and declaratory and injunctive relief action brought by the clinic. The trial court correctly found that the doctor was not bound by a non-compete provision in an amended employment agreement. The agreement terminated after the doctor gave written notice of his intent to terminate his employment with the clinic in August 2020. The revised portion of the agreement featuring the non-compete provision would not have become effective until September 2020, after the agreement had already been terminated. The provision therefore never went into effect. Affirmed.
Court: Georgia Court of Appeals, Judge: Watkins, Filed On: March 13, 2024, Case #: A23A1627, Categories: Contract
J. Watkins finds that the trial court properly granted the department's motion to dismiss the hiker's negligence action arising from injuries he suffered after falling at a state park. The trial court correctly found that the individual's claims were barred by sovereign immunity. The department's policy of preserving the park's natural beauty and historical accuracy guided its decision not to implement metal railings around the crevice where the hiker fell. Since the department was making a policy judgment and not ignoring a hazard, the discretionary function exception applies and the case was correctly dismissed for lack of subject matter jurisdiction. The trial court incorrectly granted the department's motion for summary judgment under the Recreational Property Act. Affirmed in part.
Court: Georgia Court of Appeals, Judge: Watkins, Filed On: March 13, 2024, Case #: A23A1323, Categories: Negligence
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. Watkins finds that the trial court improperly denied the grandmother's petition for adoption and termination of the mother's and father's parental rights. The trial court failed to properly consider the statutory framework and relevant case law in finding that the parents had not abandoned the child. The trial court also incorrectly found that permanent guardianship afforded the child with the same benefits as adoption. Vacated.
Court: Georgia Court of Appeals, Judge: Watkins, Filed On: March 13, 2024, Case #: A23A1299, Categories: Family Law
J. Watkins finds that the trial court properly denied defendant's amended motion for a new trial on his rape, kidnapping and family violence aggravated assault and battery convictions. Sufficient evidence was presented to support defendant's convictions, including the victim's testimony that she had sex with defendant so he would stop beating her. The trial court correctly admitted into evidence letters defendant sent from jail. Defendant failed to show that his trial counsel's performance was deficient. Affirmed.
Court: Georgia Court of Appeals, Judge: Watkins, Filed On: March 11, 2024, Case #: A23A1516, Categories: Sex Offender, Domestic Violence, Kidnapping
J. Watkins finds that the trial court properly sentenced defendant following his guilty plea to obscene internet contact with a child, sexual exploitation of children and electronically furnishing obscene material to minors. The trial court did not commit any error by denying defendant the opportunity to present additional mitigation evidence at the resentencing hearing which occurred on remand after the appeals court's previous decision. Defendant had already presented mitigation evidence at his earlier sentencing hearing. Affirmed.
Court: Georgia Court of Appeals, Judge: Watkins, Filed On: March 8, 2024, Case #: A23A1484, Categories: Sentencing, Sex Offender, Due Process
J. Watkins finds that the trial court properly convicted defendant of child molestation, enticing a child for indecent purposes and incest. Sufficient evidence was presented to support defendant's convictions. Defendant failed to show that he was prejudiced by his trial counsel's failure to move for a mistrial after being informed that an empaneled juror was told by a friend that defendant had a reputation for sexual misconduct. Defendant failed to present testimony from the juror to prove the veracity of the juror's statement and the effect the friend's statement had on the juror's opinion of defendant's guilt. Affirmed.
Court: Georgia Court of Appeals, Judge: Watkins, Filed On: February 28, 2024, Case #: A23A1621, Categories: Ineffective Assistance, Sex Offender, Child Victims
J. Watkins finds that the trial court improperly entered a divorce decree giving the mother sole custody of the couple's child and denying the father any parenting time. There was no evidence that limiting the father to supervised visits with the child would be insufficient to prevent contact between the child and the father's new partner. There was also no evidence that contact with the partner would be harmful to the child or that concerns about the father's personal behavior and use of steroids had any effect on how he interacted with the child. Affirmed in part.
Court: Georgia Court of Appeals, Judge: Watkins, Filed On: January 26, 2024, Case #: A23A1549, Categories: Family Law
J. Watkins finds that the trial court properly denied defendant's amended motion for a new trial following his convictions for offenses including attempted murder and aggravated battery family violence. Sufficient evidence was presented to support defendant's convictions, including evidence that defendant had a history of intentional violence towards the victim. Defendant failed to show that his trial counsel performed deficiently. Affirmed.
Court: Georgia Court of Appeals, Judge: Watkins, Filed On: January 22, 2024, Case #: A23A1429, Categories: Battery
[Consolidated.] J. Watkins finds that the trial court properly denied defendants' motions for new trials following defendant's obstruction and firearm conviction and the co-defendant's firearm conviction. Sufficient evidence was presented to support defendant's convictions, including evidence that she was close enough to the firearm in the truck to access it and that she resisted the officer's instructions to exit the vehicle. Defendant failed to show that her trial counsel's performance was deficient. Affirmed.
Court: Georgia Court of Appeals, Judge: Watkins, Filed On: January 18, 2024, Case #: A23A1239, Categories: Firearms, Ineffective Assistance, Obstruction
J. Watkins finds that the trial court improperly sentenced defendant to 20 years with five to be served in prison and the rest on probation following his guilty plea to armed robbery and other offenses. The trial court exceeded its discretion and imposed a void sentence in departing from the mandatory minimum sentencing deviation which had already been agreed to by the state and the defense. The agreement was for a sentence of six years in prison. Vacated.
Court: Georgia Court of Appeals, Judge: Watkins, Filed On: December 6, 2023, Case #: A23A1394, Categories: Robbery, Sentencing
[Consolidated.] J. Watkins finds that the trial court properly ruled in favor of the data center services provider with respect to alleged damages exceeding $1 million in a breach of contract action brought by the financial services company. The action arose after the provider's facility experienced a power outage which left the company's suite without power for two hours, resulting in significant sales losses. Grossly negligent breaches of conduct fall under an exception to the parties' consequential damages waiver. The provider's liability to the company for grossly negligent breaches of contract is therefore limited to $1 million. However, the trial court incorrectly refused to grant summary judgment to the company as to one of the bases for the provider's defamation counterclaim arising from allegedly false statements the company's employees made to the provider's customers about the outage. Reversed in part.
Court: Georgia Court of Appeals, Judge: Watkins, Filed On: November 3, 2023, Case #: A23A0808, Categories: Defamation, Contract
J. Watkins finds that the trial court properly granted the allergy testing services provider's petition to confirm an arbitration award in a dispute over whether the company properly compensated the provider. The trial court correctly rejected the company's petition to vacate the award. The company failed to show that it was prejudiced by the second arbitrator's refusal to allow the company's principal to participate in the damages hearing by cross-examining the provider's witnesses. The company also failed to show that it was prejudiced by multiple email communications which occurred between the second arbitrator and counsel for the provider but excluded the company's representative. Affirmed.
Court: Georgia Court of Appeals, Judge: Watkins, Filed On: November 1, 2023, Case #: A23A0974, Categories: Arbitration
J. Watkins finds that the trial court properly ruled in favor of the racetrack operator in a negligence and premises liability action brought by a mother arising from injuries her son suffered while he was a passenger in a racer's vehicle. The trial court correctly found that the son assumed the risk for his injuries and was aware of the danger of participating in the race, which involved vehicles attempting to ram boats which had been attached to other vehicles. The trial court correctly denied the mother's motion for spoliation based on a lack of waivers from non-party race spectators because the absence of the waivers had no bearing on whether the son assumed the risk of the race. Affirmed.
Court: Georgia Court of Appeals, Judge: Watkins, Filed On: November 1, 2023, Case #: A23A0878, Categories: Negligence, Premises Liability
J. Watkins finds that the trial court properly convicted defendant of identity fraud, forgery, making a false statement, possession of less than an ounce of marijuana and other offenses. Sufficient evidence was presented to support defendant's convictions, including evidence showing defendant's intent to use a debit card and checks in a fraudulent manner. The trial court correctly admitted evidence of another forgery scheme because it was relevant to prove knowledge and intent. Defendant failed to show that his trial counsel's performance was deficient. Affirmed.
Court: Georgia Court of Appeals, Judge: Watkins, Filed On: October 31, 2023, Case #: A23A0887, Categories: Ineffective Assistance, Forgery
J. Watkins finds that the trial court properly ruled in favor of the entertainment complex in a negligence and premises liability action brought by the skater arising from injuries she suffered in a fall. The complex was a roller skating center for the purposes of the Roller Skating Safety Act of 1993. The trial court correctly found that the complex posted the necessary notices outlining the duties of skaters and spectators in accordance with the Act. Affirmed.
Court: Georgia Court of Appeals, Judge: Watkins, Filed On: October 30, 2023, Case #: A23A0754, Categories: Negligence, Premises Liability
J. Watkins finds that the trial court properly ruled partially in favor of the law firm and attorney in a breach of contract and fraud action brought by the lawyer arising from an attorney fee-sharing agreement between the parties. The trial court correctly found in favor of the attorney on the lawyer's fraud and punitive damages claims because the attorney's act in giving the lawyer two-thirds of the attorney fees from a settlement meant the lawyer could not show a present intent not to perform at the time of the signing to the contract. A genuine question of fact exists as to whether the lawyer continued working on the case or was terminated or otherwise withdrew from representation. Affirmed.
Court: Georgia Court of Appeals, Judge: Watkins, Filed On: October 16, 2023, Case #: A23A0835, Categories: Fraud, Attorney Fees, Contract
J. Watkins finds that the trial court improperly denied defendant's motion to withdraw his guilty plea to aggravated assault and false imprisonment on the basis that his plea counsel failed to disclose a conflict of interest. Defendant alleged that his plea counsel was facing restitution for damaging the prosecutor's car in a hit-and-run incident. The trial court failed to address whether an actual conflict of interest existed and incorrectly required defendant to show that the presumed conflict of interest affected the outcome of the proceedings. Vacated.
Court: Georgia Court of Appeals, Judge: Watkins, Filed On: October 13, 2023, Case #: A23A1011, Categories: Ineffective Assistance, Assault, Plea
[Consolidated.] J. Watkins adopts the opinion of the Georgia Supreme Court with respect to a portion of the estate administrator's cross-appeal of an action brought by the company and therefore finds that the trial court improperly denied the estate administrator's motion to exclude portions of an investigating officer's testimony and a Georgia State Patrol report. Vacated.
Court: Georgia Court of Appeals, Judge: Watkins, Filed On: October 6, 2023, Case #: A21A1269, Categories: Civil Procedure
J. Watkins finds the probate court correctly ruled against the citizens trying to claim themselves as heirs to the estate of a man who allegedly had an extramarital affair with their mother. In part because of contradictions in the evidence and a lack of DNA testing, the citizens have not shown by "clear and convincing proof" that they are the man's children, and the probate court's order stands. Affirmed.
Court: Georgia Court of Appeals, Judge: Watkins, Filed On: October 3, 2023, Case #: A23A0827, Categories: Evidence, Wills / Probate
J. Watkins finds the trial court properly denied defendant's motion for a new trial after a jury convicted him of methamphetamine trafficking, charges he faced after law enforcement pulled over a car in which he was a passenger and more than 100 grams of methamphetamine were found under his feet, along with plastic baggies and a digital scale. Defendant's challenge to the sufficiency of the evidence fails, and there is no error in the jury's verdict against him. Defendant's 12 ineffective assistance claims all fail, in part because some claims lack any specific supporting arguments and because others, including two claims stating defendant was prejudiced by his lawyer's blindness, are baseless. Affirmed.
Court: Georgia Court of Appeals, Judge: Watkins, Filed On: October 3, 2023, Case #: A23A1156, Categories: Drug Offender, Evidence, Ineffective Assistance
J. Watkins finds the trial court properly denied defendant's motion for a new trial after he was found guilty of misdemeanor harassment in connection with aggressive and threatening e-mails he sent to staff at a veterinary hospital that terminated him as a client and reported to a state animal services agency that he was neglecting his dog he brought into the hospital with rotting sores and maggots on her skin. In part because defendant has failed to disprove that the weight of the evidence supported his conviction and prove the court erred by admitting into evidence pictures of his dog's condition, and in part because his double jeopardy and ineffective assistance claims also fail, the trial court's decision stands. Affirmed.
Court: Georgia Court of Appeals, Judge: Watkins, Filed On: October 2, 2023, Case #: A23A0793, Categories: Evidence, Ineffective Assistance, Harassment
J. Watkins dismisses, for lack of personal jurisdiction in favor of the foreign corporation employer in an amended complaint of race discrimination claims. “When a defendant exerts a high degree of control over an entity, the contacts created by the entity are, in reality, created by the defendant.”
Court: USDC Middle District of Alabama, Judge: Watkins, Filed On: September 28, 2023, Case #: 2:22cv625, NOS: Employment - Civil Rights, Categories: Civil Rights, Jurisdiction, Employment Discrimination
J. Watkins denies the state's motion for rehearing on a previous opinion granting defendant a new trial on two counts related to smuggling of persons. The state failed to prove that two of the smuggled passengers were juveniles. Reversed in part.
Court: Texas Courts of Appeals, Judge: Watkins, Filed On: September 27, 2023, Case #: 04-22-00333-CR, Categories: Smuggling
J. Watkins finds that the trial court properly convicted defendant of criminal attempt to commit murder for trying to hire a hit man to kill his wife, her adult son and a family friend. The trial court did not commit a harmful error by excluding evidence pertaining to a pending indictment for computer invasion of privacy, violation of oath and theft by taking against an attorney who was a witness for the state. Although the trial court's ruling violated defendant's right to confrontation, the state showed the error did not contribute to the verdict. The attorney's testimony was corroborated by other witnesses and the evidence of defendant's guilt was overwhelming. Affirmed.
Court: Georgia Court of Appeals, Judge: Watkins, Filed On: September 5, 2023, Case #: A23A0990, Categories: Confrontation, Murder
J. Watkins finds that the trial court properly granted the individual a 12-month protective order enjoining the neighbor from contacting her or approaching within 10 yards of her. The trial court correctly found that the neighbor engaged in an ongoing pattern of harassing behavior by screaming at the individual, her mother and other people. Affirmed.
Court: Georgia Court of Appeals, Judge: Watkins, Filed On: September 1, 2023, Case #: A23A0692, Categories: Restraining Order