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Found 105 matching documents.
Supreme Court opinion · Supreme Court of Georgia · June 21, 2023
EFFICIENCY LODGE, INC. v. NEASON
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia vacated a ruling requiring an extended-stay motel to use court eviction proceedings against long-term residents, holding that lower courts used the wrong legal test to decide whether the residents were tenants or hotel guests.
We leave it for the trial court to apply this framework in the first instance, consistent with this opinion. 1. Background (a) Legal Framework Two legal relationships are at issue in this case. Both are be- tween a property owner and a person who occupies that property, and both are defined by statute. Under either relationship, if the occupant fails to pay...
The second relationship is that of innkeeper and guest. An inn is a “tavern[ ], hotel[ ], [or] house[ ] of public general entertainment for guests,” and a guest is “a person who pays a fee to the keeper of an inn for the purpose of entertainment at that inn.” OCGA § 43-21- 1. Unlike a landlord, an innkeeper does not need to file a writ of possession to...
Supreme Court opinion · Supreme Court of Georgia · March 21, 2023
In the Matter of Willie George Davis, Jr
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia ordered attorney Willie George Davis Jr. disbarred after finding he mishandled his sister's estate and his orphaned nephew's trust funds and repeatedly defied probate court orders.
2. Special Master’s Report and Recommendation. (a) Findings of Fact and Conclusions of Law. In her second report and recommendation, the Special Master summarized the procedural history of the disciplinary proceeding, including that she had granted partial summary judgment as to Davis’s violations of GRPC Rules 1.7 (a) and (b), 1.15 (I) (a) and (c), 1.15...
(1) consultation with the lawyer, pursuant to Rule 1.0 (c); (2) having received in writing reasonable and adequate information about the material risks of and reasonable available alternatives to the representation[;] and (3) having been given the opportunity to consult with independent counsel. 3 GRPC Rule 1.15 (I) (a) provides: A lawyer shall hold funds...
Supreme Court opinion · Supreme Court of Georgia · June 29, 2023
WELCH v. PAPPAS RESTAURANTS, INC. (Two Cases)
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia clarified that whether a crime on a business's property was reasonably foreseeable depends on the totality of the circumstances, not just proof of an identical past crime, and is usually a jury question.
5 As stated in a familiar case, “[t]he risk reasonably to be perceived defines the duty to be obeyed[.]” Palsgraf v. Long Island R. Co., 248 N.Y. 339, 344 (162 NE 99) (1928). 6 The concept of reasonable foreseeability relevant to duty is different Of course, a finding that third-party criminal conduct was reasonably foreseeable and thereby gave rise to a...
was breached. See, e.g., Jackson v. Post Properties, Inc., 236 Ga. App. 701, 703 (2) (513 SE2d 259) (1999) (whether the extra window locks offered by the apartment complex were sufficient to demonstrate ordinary care and whether the plaintiff’s rape “was the result of the flimsy nature of the [builder-installed] windows” were issues for the jury’s...
Supreme Court opinion · Supreme Court of Georgia · September 19, 2023
In THE MATTER OF ROBERT MALLORY CRAWFORD (Two Cases)
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia suspended a former superior court judge from practicing law for three years after finding he took money from a court registry he was not entitled to and lied about it, rejecting the harsher sanction of disbarment recommended by the disciplinary special master.
II. Special Master’s Recitation of the Underlying Facts In his report, the special master laid out the underlying facts as follows. In August 2002, Crawford was hired by D. C. and B. W. to answer a summons in a foreclosure action seeking a writ of possession, which concerned a property that was titled to another individual, A. T. Crawford filed a complaint...
As to the various alleged violations of Rules 1.15 (I) and (II),7 the special master stated that they were premised on the facts that 7 Rule 1.15 (I) (a) provides, in pertinent part, that “[a] lawyer shall hold funds or other property of clients or third persons that are in a lawyer’s possession in connection with a representation separate from the lawyer’s...
Supreme Court opinion · Supreme Court of Georgia · August 21, 2023
Annunziata v. State
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia upheld a man's murder conviction for a nightclub shooting, ruling the trial judge was right not to tell the jury it could convict him of the lesser crime of voluntary manslaughter instead.
The evidence presented at Appellant’s trial showed that, in the early morning hours of May 25, 2019, Appellant arrived at a nightclub with two companions. They attempted to enter, but were not admitted, causing Appellant to become upset. Sloan Duckie, the event organizer, explained to Appellant that Appellant had paid for only one entry, and that he would...
Appellant did not leave as instructed. After Price walked back into the nightclub, Appellant began “egging [Price] on” and attempted to reenter the nightclub, telling Price to “come outside.” Surveillance footage from the nightclub’s entrance showed Appellant beckoning to someone inside the nightclub while standing outside the entrance; Price coming out of...
Supreme Court opinion · Supreme Court of Georgia · March 15, 2023
TAYLOR, EXR. v. THE DEVEREUX FOUNDATION, INC. (And Vice Versa)
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia upheld Georgia's $250,000 cap on punitive damages in a sexual assault case against a Georgia treatment facility, ruling the cap does not violate the right to a jury trial, separation of powers, or equal protection.
Judgments affirmed in Case Nos. S22A1060 and S22X1061. All the Justices concur, except Colvin, J., who concurs specially as to Division III, and Ellington, J., who dissents as to Division III and concurs specially as to Division VIII. Peterson, P. J., disqualified. Ga. App. 495, 495-496 (716 SE2d 559) (2011) (discussing the party’s depositing into the court...
As evidence of her attorney fees, Taylor presented the contract signed by McGee and then Taylor agreeing to pay her attorneys a 40 percent contingency fee for trial work as well as affidavits from five attorneys, employed by three law firms, who worked on the case. Three attorneys from the first law firm described their qualifications; averred that the 40...
Supreme Court opinion · Supreme Court of Georgia · May 16, 2023
King v. King, Jr
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia answered a certified question from a federal appeals court, ruling that when someone in a confidential relationship with another person also owes them fiduciary duties, a dishonest failure to disclose can support a breach-of-fiduciary-duty lawsuit under Georgia law.
1. Background On September 6, 1985, when Appellant was almost seven years old, his father died in a plane crash. After Peggy filed a wrongful death suit against the airline on her and Appellant’s behalf, she reached a settlement with the airline in 1989 that set aside at least $200,000 for Appellant’s benefit (“the Settlement Funds”). The check for the...
As best I can tell, this Court traditionally has answered almost all of the certified questions that an eligible court has sent to us. 2 But there are limits on what this Court should expend its resources answering, and onto what types of questions this Court should give its imprimatur of finality. One express limitation is that we should not answer what...
Supreme Court opinion · Supreme Court of Georgia · May 16, 2023
WARD v. THE STATE (Two Cases)
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia upheld the murder and aggravated assault convictions of two men who took part in a fatal prison stabbing, rejecting challenges to the evidence, courtroom security, witness restraints, and a prosecutor's private talk with a witness.
The next day, Ward’s counsel again objected to the police 9 CERT stands for Correctional Emergency Response Team. presence, noting that 12 officers were in the courtroom, in addition to the CERT. Dewberry’s counsel joined in the objection, and added, “I don’t think it’s necessary. . . . Particularly since he’s wearing a device that will incapacitate him...
The trial court did not abuse its discretion in making just such a judgment here. This trial was for murder and aggravated assault occurring inside a prison and involving rival gangs. All three defendants were designated maximum security inmates, and two of the defendants had substantial disciplinary records from prison. And although at least two of the...
Supreme Court opinion · Supreme Court of Georgia · November 2, 2023
Jenkins v. State
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia reversed Larry Jenkins's double murder convictions, ruling that his clear request for a lawyer while being booked into jail was a valid invocation of his Miranda rights, even though a formal interrogation had not yet begun.
Captain Doug Lewis with the Department of Natural Resources — who had been working alongside other law enforcement agencies to help secure the crime scene — testified that he also heard a radio call reporting that a white van had been seen in Jesup by the overpass and that law enforcement was requesting assistance for “some people that were fleeing” from...
Ken Mullis, a deputy with the Wayne County Sheriff’s Department, testified that he had been part of the search for the missing Chevy Lumina van and the suspects on January 9. According to Deputy Mullis, he had been “listening to the radio traffic from the airplane” when he heard that the van had been located. He got into his patrol car and headed toward the...
Supreme Court opinion · Supreme Court of Georgia · July 13, 2023
In the Matter of Keith Chance Hardy
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia disbarred attorney Keith Chance Hardy after finding he stole client funds, abandoned three clients' cases, and never responded to the State Bar's investigation.
With regard to SDBD No. 7623, the record shows that Hardy was appointed as a “conflict defender” to represent a client who was charged with murder, tampering with evidence, and other charges. On or about September 5, 2019, Hardy had his first meeting with the client and told her that he believed he could get a bond on her charges, but that she would need...
9 Rule 1.15 (I) (a) provides that a “lawyer shall hold funds or other property of clients or third persons that are in a lawyer’s possession in connection with a representation separate from the lawyer’s own funds or other property”; that “[f]unds shall be kept in one or more separate accounts maintained in an approved institution”; and that “[o]ther...
Supreme Court opinion · Supreme Court of Georgia · December 19, 2023
In the Matter of Steven Ryan Webster
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia accepted an attorney's voluntary surrender of his law license, treated as disbarment, after he admitted mishandling client funds in five separate real estate closings.
PER CURIAM. This disciplinary matter is before the Court on a petition for voluntary discipline filed by Steven Ryan Webster (State Bar No. 745245) prior to the issuance of a formal complaint. See Bar Rule 4- 227 (b). In his petition, which concerns five underlying disciplinary matters, Webster, who has been a member of the State Bar of Georgia since 1992,...
Regarding SDBD No. 7751, Webster admits he was signed as a title insurance agent by a title company in 2013. As part of his agency agreement, Webster issued title insurance for his clients and provided various settlement services. But Webster failed to provide reconciliations for the title company’s review, failed to remit premiums collected for the title...
Supreme Court opinion · Supreme Court of Georgia · September 19, 2023
Funvestment Group, LLC v. Crittenden
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia ruled that money a business earns by leasing coin-operated amusement machines like arcade games is exempt from Georgia sales and use tax, just like money played directly into those machines.
(b) Sales and use tax In 1951, the General Assembly enacted the “Retailers’ and Consumers’ Sales and Use Tax Act,” see Ga. L. 1951, p. 360, which authorized the levy and collection of a general sales and use tax, now codified at OCGA § 48-8-1 et seq. It is the intention of the General Assembly in enacting this article to exercise its full and complete power...
————————————————————— 5 The “retailer” is defined as “[e]very person making a sale or sales of tangible personal property at retail.” OCGA § 48-8-30 (b) (1). whom the property is leased or rented.” Id. “A person who leases or rents property to others” is a “dealer,” and the dealer is required to collect the sales and use tax from the person to whom the...
Supreme Court opinion · Supreme Court of Georgia · May 31, 2023
In the Matter of David Roberson
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia upheld a decision denying David Roberson's application to be readmitted to the State Bar of Georgia, finding he failed to show he was rehabilitated or had paid full restitution.
an agreement for, charge, or collect an illegal or clearly excessive fee); 31 (d) (2) (upon conclusion of a contingent fee matter, the lawyer shall provide the client with a written statement stating the following: (i) the outcome of the matter; and, (ii) if there is a recovery: (aa) the remittance to the client; (bb) the method of its determination; (cc)...
Supreme Court opinion · Supreme Court of Georgia · December 19, 2023
CLEMENTS v. THE STATE (Two Cases)
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia affirmed the murder convictions of London Clements and Eric Velazquez, both connected to the shooting death of a Hall County deputy during a chain of burglaries and a police chase in July 2019.
The evidence presented at trial showed that, on the morning of July 2, 2019, two residents of Hall County discovered that their vehicles had been stolen overnight and reported the thefts to law enforcement. On the afternoon of July 7, law enforcement officers discovered the stolen vehicles — a 2009 red Dodge Caliber and a 2002 silver Toyota Avalon — parked...
While investigating the pawnshop burglaries on the morning of July 6, law enforcement officers learned that several automobile dealerships had also been broken into overnight, including Los Plebes Auto Sales, Texano Auto Sales, Texas Trucks and Autos, and Eddie’s Auto Sales.4 Francisco Cuella, the owner of Los Plebes Auto Sales, testified that, when he...
Supreme Court opinion · Supreme Court of Georgia · August 21, 2023
Demuro v. State
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia upheld Joshua DeMuro's murder conviction for shooting Kevin Gilman, ruling that the jury had enough evidence to reject his self-defense claim and finding no reversible error in the jury instructions.
Several neighbors called 911 to report hearing shots fired. DeMuro immediately surrendered to the first responding officer and said, “I shot him[.]” The officer asked, “[W]here is the gun?” DeMuro answered, “I put them in the truck.” The forensics team located two guns on the front seat of DeMuro’s truck, a Glock 30-S, which was unloaded, and a Glock 20,...
317 Ga. 155 FINAL COPY S23A0647. DEMURO V. THE STATE.
Supreme Court opinion · Supreme Court of Georgia · March 7, 2023
Allaben v. State
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia upheld a DeKalb County man's third murder conviction for strangling his wife, finding the evidence supported malice murder and that the crime was properly tried in DeKalb County.
Allaben returned to Georgia on January 5 and drove to the Clayton County home of a former co-worker, who talked with him for approximately two hours and then accompanied him to surrender to a neighbor who was a City of Morrow police officer. A Clayton County officer who responded to a call confirmed that a human body was in Allaben’s pickup truck, wrapped...
315 Ga. 789 FINAL COPY S23A0061. ALLABEN v. THE STATE.
Supreme Court opinion · Supreme Court of Georgia · July 5, 2023
In the Matter of Richard H. Middleton, Jr
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia accepted a Savannah lawyer's request to give up his law license after he admitted improperly keeping a client's $100,000 settlement money in his trust account for personal use.
PER CURIAM. This disciplinary matter is before the Court on the petition for voluntary surrender of license filed by Richard H. Middleton, Jr., (State Bar No. 504912) before the issuance of a formal complaint. See Bar Rule 4-227 (b) (2). In this petition, Middleton admits that in connection with a single client matter he violated Rules 1.15 (I) (c) and 1.15...
Supreme Court opinion · Supreme Court of Georgia · May 2, 2023
Perrault v. State
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia affirmed the murder conviction of a former Eatonton police officer, finding sufficient evidence that he killed his wife despite his claim she shot herself, and rejecting his other trial arguments.
Perrault’s eight-year-old daughter, B. P., told the responding officer that when she got home from school, her father and Amanda were arguing, so she hid in her closet. She eventually came out to see what was going on and heard Amanda say, “[J]ust let me get my purse and I’ll leave.” Then she saw her father push Amanda out the front door. While the officer...
Supreme Court opinion · Supreme Court of Georgia · March 7, 2023
In the Matter of David John Pettinato
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia imposed a ten-day suspension on attorney David John Pettinato, matching discipline he already received in Florida for misrepresenting an appraiser's independence and for failing to promptly correct false deposition testimony.
Regarding the other matter, in March 2016, prior to Pettinato’s representation of two policyholders in a lawsuit against their insurer, the policyholders had submitted a proof of loss that was not notarized in their presence when they signed it. In August 2016, Pettinato sued the insurer on behalf of the policyholders, and in November 2017, the...
PER CURIAM. This disciplinary matter is before the Court on a petition for voluntary reciprocal discipline filed by David John Pettinato (State Bar No. 426068), pursuant to Rule 9.4 (b) of the Georgia Rules of Professional Conduct (“GRPC”) found in GA Bar Rules 4-102 (d) and 4-227 (b). In his petition, Pettinato, who has been a member of the State Bar since...
Supreme Court opinion · Supreme Court of Georgia · September 6, 2023
In the Matter of Nevada Michael Tuggle
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia rejected a one-month suspension recommended for a Georgia lawyer who abandoned two clients, finding the discipline far too lenient given the severity of his misconduct, and sent the case back for more fact-finding before a harsher sanction is decided.
The client learned of the judgment only when she began receiving garnishment notices in July 2017. The client tried to contact Tuggle but was unable to reach him. In the following weeks, the client made repeated attempts to obtain her file from Tuggle, to no avail. Tuggle returned her file only after she filed a Bar grievance against him. Although Tuggle...
Although the Special Master did not make an express finding that the letter was not authentic, he did state that “[Tuggle’s] behavior subsequent to allegedly sending the letter is not consistent with” his having sent it. September 2017, when the client retained new counsel to try to get the judgment set aside. Ultimately, the client was successful in...
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