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Found 246 matching passages in 121 documents.
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 · February 21, 2023
In the Matter of Kara Sherrisse Lawrence
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia disbarred attorney Kara Sherrisse Lawrence after she abandoned an immigration client, took over $5,300 from him without proper authorization, and never responded to State Bar disciplinary proceedings.
PER CURIAM. This disciplinary matter is before the Court on the Report and Recommendation of special master Catherine Koura, who recommends that Respondent Kara Sherrisse Lawrence (State Bar No. 534355) be disbarred for her multiple violations of the Georgia Rules of Professional Conduct (“GRPC”) in connection with her representation of a single client. See...
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 · 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 · 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.
IV. A party rendering security services to the proprietor may owe a duty of care to third parties on the bases set out in Section 324A of the Restatement (Second) of Torts. 16 Because of our holding here, we need not reach the issue of whether apportionment to a nonparty would even have been permitted under the version of OCGA § 51-12-33 (b) in effect at...
BETHEL, Justice. Collectively, these cases present an opportunity to explore the scope and nature of the liability faced by premises owners, occupiers, and security contractors in cases involving personal injuries arising from third-party criminal conduct. Although the underlying appeals vary with respect to their facts and specific issues presented, the...
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 · 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.
her family; withheld information from his client and her family about his theft of her funds; and cut off all communications with the client and her family after his theft of her funds. The special master found that Hardy violated Rule 1.4 in SDBD No. 7624 because of the approximately two-year lapse of communications between him and his client; because...
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 · 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...
The district court granted summary judgment to Forrest on both the conversion and breach-of-fiduciary-duty claims after finding no evidence that Forrest used the Settlement Funds for any purpose other than for Appellant’s benefit. The district court concluded that a reasonable jury could find that naming Forrest as the custodian of the Settlement Funds...
Supreme Court opinion · Supreme Court of Georgia · August 21, 2023
Jackson v. State
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia upheld a Gwinnett County man's murder conviction, ruling that even if prosecutors improperly questioned him about staying silent after his arrest, the mistake made no real difference given overwhelming evidence he stabbed the victim.
On the night of August 10, Jocelyn Walker, who was staying in a room next to Jackson and Hargrove, heard a man and a woman arguing in Jackson and Hargrove’s room. Walker testified that she initially heard “fussing” but soon heard what seemed like furniture moving and “pounding” and “kicking” on the walls. Walker could not hear what the man was saying, but...
While Jackson was at the hospital, his brother asked security to check Hargrove’s room because he was still concerned about Jackson’s phone call and wanted to know what happened at the hotel. No one responded to knocks on the door, so security opened the door, went inside the room, and found Hargrove on the floor. Security called 911, and police found...
Supreme Court opinion · Supreme Court of Georgia · September 6, 2023
In the Matter of Samuel Elias Skelton
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia approved Samuel Elias Skelton's application to be certified as fit to practice law again, after he surrendered his law license in 2017 following a guilty plea for theft tied to addiction and mental health struggles.
Through its investigation, the Fitness Board determined that no active grievances or other disciplinary matters against Skelton are pending before the Bar and that no restitution was required to be made to the Client Security Fund. At an informal conference convened before the Fitness Board, Skelton took full responsibility for his actions and made no...
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)...
the applicant is required by the Board to produce evidence of, among other things, the taking of responsibility for past conduct, insight and appreciation for why the conduct raises fitness concerns, candor with the Board, good reputation and assurances of a desire and intention to conduct one’s self in an exemplary fashion in the future, and positive...
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 · 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...
Taylor contends that at common law in England, defendants 25 Under OCGA § 51-3-1, “[w]here an owner or occupier of land, by express or implied invitation, induces or leads others to come upon his premises for any lawful purpose, he is liable in damages to such persons for injuries caused by his failure to exercise ordinary care in keeping the premises and...
Supreme Court opinion · Supreme Court of Georgia · November 7, 2023
In the Matter of Walter Douglas Adams
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia suspended attorney Walter Douglas Adams for one year and ordered him to repay $2,732.81 to a former client, rejecting the Special Master's recommendation of disbarment over a disputed $7,000 settlement.
Counsel for the State Bar asked Adams to send him a copy of the check, and while Adams responded, he did not send a copy of the check. Counsel again asked via email for a copy of the check, and he responded in a letter: I do need to correct a misstatement in my letter to you of August 12, 2020. I do have the check, which is made payable to me and it has...
Adams violated Rule 1.5 (a), insofar as he charged and intended to keep an unreasonable fee now that he has deposited the $7,000 check. He also violated Rule 1.5 (c) (1) by failing to put the contingency fee agreement in writing in regard to the personal injury and the Trans Union matters, and in regard to the Trans Union matter, failing to state the method...
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 · October 11, 2023
State v. COOK (Six Cases)
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia ruled that Fulton County jailers charged in an inmate's death are not 'peace officers' entitled to special pre-indictment notice, because guarding inmates inside a jail is not the same as maintaining public peace in the community.
6 See, e.g., Robert Watkins et al., Digest of the Laws of Georgia, p. 532 (1799) (Act No. 499, Dec. 19, 1793) (“[I]t shall be the duty of the justices of this State . . . on issuing a warrant, to apprehend any person or persons charged with any criminal offence, to direct the peace officer executing the same, to make diligent enquiry as to the property, of...
9 Both the Georgia Code and Georgia appellate decisions have employed “peace officer” as a collective term to encompass what are now generally considered to be law enforcement officers, such as sheriffs, police officers, and marshals. See, e.g., Penal Code 1910, § 338 (“Any person who shall, without authority, exercise or attempt to exercise the functions...
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 · 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...
LAGRUA, Justice, dissenting. Because Jenkins did not invoke his right to counsel during a custodial interrogation and because there is no legal authority to support the majority opinion’s conclusion that a defendant can invoke his Miranda rights when “a reasonable person in [the defendant’s] position” believes “an interrogation is imminent,” I conclude that...
Supreme Court opinion · Supreme Court of Georgia · August 21, 2023
Reese v. State
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia upheld a Fulton County man's murder conviction, rejecting his claims that the trial judge should have instructed jurors on self-defense and accomplice testimony and that his trial lawyer was ineffective.
(a) Reese contends his trial counsel was ineffective for failing to file a motion to suppress what he says was unlawfully obtained evidence. Reese specifically argues that the key ring with the yellow tag and the shell casings recovered from Reese’s yard, as well as the evidence that Reese’s house was equipped with surveillance cameras, should have been...
Reese’s front yard, which was visible from two public streets. Although his back yard was fenced, his front yard was not. Nor was there “any type of privacy screen or anything else” blocking the yard from view. Detective Rittberg conducted a “grid search” of Reese’s front yard “after 5:04 [a.m.],” around two hours after the shooting, and conducted a “grass...
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