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Found 79 matching documents.
Supreme Court opinion · Supreme Court of Georgia · May 14, 2020
BARROW v. RAFFENSPERGER (Two Cases)
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia ruled that Secretary of State Brad Raffensperger properly canceled the 2020 election for Justice Keith Blackwell's seat, because Blackwell's accepted resignation guarantees a vacancy that will erase the term voters would have been electing someone to fill.
(b) Beskin’s case is not moot. At the hearing held by the trial court, the Secretary argued that Beskin’s claims were moot because she had qualified as a candidate in the May 19 election for Justice Bethel’s office and thus had availed herself of an adequate alternative remedy to the mandamus relief that she was requesting. In response, Beskin asserted that...
In Beskin’s case, however, we need not decide whether her qualifying for the election for Justice Bethel’s office constituted an adequate alternative remedy to her qualifying for the election for Justice Blackwell’s office, or whether having qualified for the election for Justice Bethel’s office, OCGA § 21-2-136 would preclude her from withdrawing her...
Supreme Court opinion · Supreme Court of Georgia · May 18, 2020
JACKSON v. RAFFENSPERGER
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia revived a lactation consultant's lawsuit against Georgia's licensing law, ruling that the Georgia Constitution protects a right to work in one's chosen profession and that similarly qualified lactation consultants may be treated as equals under the law.
CLCs work in many settings, including in people’s homes. CLCs are spread across Georgia and are therefore more available to rural Georgians and minority Georgians than are IBCLCs, who are concentrated in metro Atlanta and other urban areas and often are nurses and other healthcare professionals who lack the time to provide full-time breastfeeding support to...
The General Assembly acknowledges that the application of specific knowledge and skills relating to breastfeeding is important to the health of mothers and babies and acknowledges further that the rendering of sound lactation care and services in hospitals, physician practices, private homes, and other settings requires trained and competent professionals....
Supreme Court opinion · Supreme Court of Georgia · April 6, 2020
Srm Group, Inc. v. Travelers Property Casualty Company of America
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia ruled that a business sued in court can seek attorney fees for bad-faith litigation even when its counterclaim was one it was legally required to bring, not just when it was optional.
1. Background. The facts, as set forth by the Court of Appeals, are as follows: Travelers Property Casualty Company of America (“Travelers”) filed suit against SRM Group, Inc. (“SRM”), seeking to recover unpaid premiums due under a workers’ compensation insurance policy. In response, SRM asserted counterclaims against Travelers for breach of contract,...
4. With Byers set aside, and given our determination in Division 2, it is clear that SRM was entitled to seek attorney fees under OCGA § 13-6-11, as it asserted independent claims for breach 6 We also disapprove of Maree v. ROMAR Joint Venture, 329 Ga. App. 282, 297 (6) (d) n.18 (763 SE2d 899) (2014); and Murtagh v. Emory Univ., 321 Ga. App. 411, 417 (3)...
Supreme Court opinion · Supreme Court of Georgia · June 29, 2020
Raines v. State
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia ruled that a judge, not a jury, can decide whether a person who committed murder as a teenager is so 'irreparably corrupt' that he can be sentenced to life without parole.
To that end, it is undisputed that in interpreting the Eighth Amendment, the United States Supreme Court has held that a sentence of death cannot be imposed on a juvenile. Roper, 543 U.S. at 578. And although it has not held that a sentence of life without parole is barred categorically for juvenile offenders, it has, through Miller, “rendered life without...
In other words, although the Supreme Court’s Eighth Amendment precedents impose separate constitutional restrictions on the types of punishment that may be imposed on a juvenile, they do not answer whether OCGA § 16-5-1 (e) (1) satisfies the Sixth Amendment. Indeed, they do not speak to what punishment a state statute authorizes for a given offense or...
Supreme Court opinion · Supreme Court of Georgia · February 28, 2020
State v. Hamilton
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia upheld a trial court's decision to grant Marlina Hamilton immunity from prosecution in the killing of her ex-husband, finding she showed by a preponderance of the evidence that she acted in self-defense.
308 Ga. 116 FINAL COPY S19A1363. THE STATE v. HAMILTON.
Supreme Court opinion · Supreme Court of Georgia · February 10, 2020
State v. Williams
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia reinstated a man's aggravated sexual battery conviction, ruling that although the trial judge gave a legally wrong jury instruction about a young child's ability to consent, the mistake did not affect the trial's outcome given the strength of the evidence.
subsequent decisions in Duncan and Laster, we agree with the Court of Appeals that the trial court’s instruction on underage consent was clearly erroneous when coupled with the charge on aggravated sexual battery. In Watson, we recognized that lack of consent was a textual element of the crime of sexual battery. 297 Ga. at 719. We also determined that the...
played for the jury. During the interview, Hesterlee showed E. H. drawings of male and female subjects, and had her identify various body parts. E. H., pointing at the genitals on the drawings, said that “Poppy” (Williams) touched her and she touched him, more than once, in places that were not okay, but that “he said it was okay” and “we don’t want grammy...
Supreme Court opinion · Supreme Court of Georgia · October 5, 2020
Premier Health Care Investments, LLC v. Uhs of Anchor, L.P
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia ruled that a state health agency exceeded its authority when it required a hospital to get a new permit before shifting existing beds into a psychiatric program, because state law does not list bed shuffling as something needing that approval.
15 Citing dicta from Albany Surgical, P.C. v. Ga. Dept. of Community Health, 278 Ga. 366, 368 (602 SE2d 648) (2004), Southern Crescent argues that the General Assembly acquiesced to the Psychiatric Rule when the Rule was submitted to legislative counsel pursuant to OCGA § 31-6-21.1 (b) and the General Assembly did not object to it. See OCGA § 31-6-21.1 (b)...
(e) The constitutional doubt canon further weighs in favor of interpreting “include” as introducting an exhaustive list as it is used in OCGA §31-6-40 (a). We have concluded that there are strong textual and contextual indicators that the term “include,” as used in OCGA § 31- 16 Southern Crescent also argues that the Psychiatric Rule is consistent with...
Supreme Court opinion · Supreme Court of Georgia · February 28, 2020
Johnson v. State
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia ruled that a felony probationer charged with murder may still argue self-defense if his possession of the gun he used was itself justified under Georgia's Safe Carry Protection Act, sending his case back to the trial court.
11-127.2 (a); the unlawful possession of a firearm in restricted access areas of commercial service airports, OCGA § 16-11-130.2 (a); the unlawful possession of a handgun by a person under the age of 18 years, OCGA § 16-11-132 (b); and the unlawful carrying of a handgun by a person with a valid license to carry but without proof of the license in his...
Read in its statutory context, the most natural and reasonable understanding of OCGA § 16-11-138 is the one that Johnson proposes. By its plain terms, OCGA § 16-11-138 affords “an absolute defense” to “any violation” of Title 16, Chapter 11, Article 4, Part 3. That “absolute defense” requires a showing of “[d]efense of self or others, as contemplated by and...
Supreme Court opinion · Supreme Court of Georgia · March 13, 2020
Stubbs v. Hall
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia upheld the dismissal of a Hancock County man's habeas corpus petition as too late, even though it found the trial court had miscalculated the exact date his conviction became final for that purpose.
We thus conclude that the General Assembly did not include a tolling provision in OCGA § 9-14-42, much less a provision specific to alleged violations of subsection (d). And especially considering the comprehensive and prescriptive statutory scheme the General Assembly enacted to govern habeas corpus, we have no authority to judicially create such a remedy....
5. We Decline to Apply a Novel Equitable Tolling Doctrine to OCGA § 9-14-42 (c) in Georgia. We have by now established that the text of OCGA § 9-14-42 does not provide Stubbs the remedy he seeks. Stubbs nonetheless asks this Court to provide an equitable remedy for his untimely habeas petition by either applying the doctrine of equitable tolling and...
Supreme Court opinion · Supreme Court of Georgia · December 21, 2020
Armstrong v. State
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia upheld Jhakeem Armstrong's murder conviction, ruling that gang evidence used to establish his motive was properly admitted and that any related errors did not affect the trial's outcome.
310 Ga. 598 FINAL COPY S20A1364. ARMSTRONG v. THE STATE.
Supreme Court opinion · Supreme Court of Georgia · June 29, 2020
FRAZEN v. DOWNTOWN DEVELOPMENT AUTHORITY OF ATLANTA
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia upheld a trial court's approval of up to $1.25 billion in revenue bonds to help finance The Gulch redevelopment project in downtown Atlanta, rejecting citizens' challenges to the process and the funding structure.
the creation of enterprise zones by counties or municipalities, or both. Such law may provide for exemptions, credits, or reductions of any tax or taxes levied within such zones by the state, a county, a municipality, or any combination thereof. Such exemptions shall be available only to such persons, firms, or corporations which create job opportunities...
The Intervenors nonetheless contend that OCGA § 36-88-6 (g) (4) exceeds the authority vested in the General Assembly by the 32 The provision states in full: The General Assembly shall have the power to make all laws not inconsistent with this Constitution, and not repugnant to the Constitution of the United States, which it shall deem necessary and proper...
Supreme Court opinion · Supreme Court of Georgia · April 6, 2020
State v. Holland
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia reversed a ruling that struck down Georgia's first-degree vehicular homicide hit-and-run law, holding the statute does not violate equal protection or due process.
“apply them as one.” Harper v. State, 292 Ga. 557, 560 (1) (738 SE2d 584) (2013) (citation and punctuation omitted). Similarly, at least when addressing substantive due process claims, this Court generally has analyzed challenges arising under the due process clauses of the federal and state Constitutions together. See State v. Nankervis, 295 Ga. 406,...
Before 2008, the crime of first-degree vehicular homicide predicated on hit-and-run included as an element that the 4 The trial court applied the rational basis test, and the parties do not dispute that this was the proper test. defendant’s actions in leaving the scene were a contributing cause of the victim’s death. See OCGA § 40-6-393 (a) (1999); see also...
Supreme Court opinion · Supreme Court of Georgia · September 28, 2020
NORMAN v. XYTEX CORPORATION
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia ruled that a couple who bought sperm from a sperm bank cannot sue over the mere existence of their son, but can pursue fraud and consumer-protection claims tied to specific harms caused by the donor's concealed history.
As another example, the Normans also may be able to recover damages for the difference in price between the cost of the sperm they received and the fair market value of the sperm that Xytex told them they were getting. Xytex represented that Donor #9623 was one of its “best” donors, but the allegations regarding his background show otherwise. (e) The...
This statute is codified in the Code section limiting the practice of medicine, including artificial insemination, to licensed physicians and surgeons. See generally OCGA § 43-34-37. This statute applies only to the medical procedure of artificial insemination and does not include the negligent sale or screening of sperm. Because Xytex only sold sperm and...
Supreme Court opinion · Supreme Court of Georgia · January 13, 2020
Chavez v. State
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia upheld a Fulton County man's murder and gang convictions but reversed his conviction for possessing a firearm as a first-offender probationer because his probation had already expired when the shooting occurred.
Even if trial counsel could have performed deficiently in failing to stipulate to Chavez’s status as a first-offender probationer, however, Chavez has not shown a reasonable probability of a different outcome but for that failure to stipulate. This Court has held that prior convictions involving firearms and minor drug offenses are not likely to inflame the...
Supreme Court opinion · Supreme Court of Georgia · November 2, 2020
QUYNN v. HULSEY
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia ruled that Georgia's apportionment statute overrides an older Court of Appeals rule that let an employer avoid claims of negligent hiring and supervision simply by admitting it was legally responsible for its employee's actions.
OCGA § 51-12-33 provides, in pertinent part: (a) Where an action is brought against one or more persons for injury to person or property and the plaintiff is to some degree responsible for the injury or damages claimed, the trier of fact, in its determination of the total amount of damages to be awarded, if any, shall determine the percentage of fault of...
(2) The notice shall be given by filing a pleading in the action designating the nonparty and setting forth the nonparty's name and last known address, or the best identification of the nonparty which is possible under the circumstances, together with a brief statement of the basis for believing the nonparty to be at fault. (e) Nothing in this Code section...
Supreme Court opinion · Supreme Court of Georgia · August 24, 2020
Brooks v. State
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia upheld a Fulton County man's murder conviction but threw out one firearm charge because the state never proved his prior felony involved a gun, sending that count back for resentencing.
4 See Old Chief v. United States, 519 U. S. 172, 174 (117 SCt 644, 136 LE2d 574) (1997) (excluding full record of prior felony conviction when “the name or nature of the prior offense raises the risk of a verdict tainted by improper considerations”). the use of a firearm, and the title of the crime — aggravated assault with intent to rob — does not suggest...
Supreme Court opinion · Supreme Court of Georgia · October 5, 2020
Fulton County v. Ward-Poag
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia ruled that a Fulton County employee's whistleblower lawsuit cannot be thrown out on summary judgment just because she initially failed to disclose it in her bankruptcy case and later valued it at $1 there.
1. Factual and Procedural History. Viewed in the light most favorable to Ward-Poag as the non- moving party for purposes of summary judgment in the superior court, the relevant facts of record and the procedural history of this case are as follows. Fulton County hired Ward-Poag as the entertainment manager for the Wolf Creek Amphitheater in 2012. In May...
Supreme Court opinion · Supreme Court of Georgia · June 16, 2020
In the Matter of James Caleb Clarke III
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia certified James Caleb Clarke III, a former lawyer who surrendered his license in 2002 after admitting he stole money from an estate he managed, as fit to practice law again.
309 Ga. 187 FINAL COPY S20Z0712. IN THE MATTER OF JAMES CALEB CLARKE III.
Upon consideration of the entire record, we likewise conclude that Clarke has shown that he is entitled to be certified as fit to practice law in Georgia. Accordingly, as it appears that Clarke has satisfied all requirements for approval of his application for certification of fitness, see Bar Admissions Rules, Part A, Section 10, this Court grants Clarke’s...
Supreme Court opinion · Supreme Court of Georgia · January 13, 2020
White v. State
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia upheld the murder conviction and life without parole sentence of a Houston County teenager who confessed to killing a friend as part of a suicide pact, finding no error in admitting his statements or in the sentencing standard used.
5 The Court noted in Medina that the Mathews balancing test was first conceived to address procedural due process claims arising in the context of administrative law, that the Court had invoked Mathews to resolve due process claims in criminal law cases on only two occasions, and that it was not at all clear that Mathews was essential to the results reached...
White also argues that Veal requires that the trial court find beyond a reasonable doubt that he is irreparably corrupt before sentencing him to life without parole. But nothing in Veal says that, and nothing in Miller or Montgomery says that, either. Moreover, language in Miller and Montgomery is contrary to White’s argument that those cases demand that...
Supreme Court opinion · Supreme Court of Georgia · June 16, 2020
Crowder v. State of Georgia
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia ruled that Georgia law allows officials to serve out-of-state property owners by publishing notice in a newspaper in civil forfeiture cases, but courts must first address any due process objections and cannot skip a required ruling on a motion for a more definite statement.
Crowder argues, however, that an examination of the statutory context requires a different interpretation. Under his reading, OCGA § 9-16-12 (b) (3) must be considered alongside OCGA § 9-16- 12 (b) (2). Specifically, he argues that because paragraph (b) (3) says only that “notice of the complaint” shall be published and does not say that “service may be...
OCGA § 9-16-13 (b) (1) and (2) provide that for in personam forfeiture proceedings, “(1) [e]xcept as otherwise provided in this Code section,” “service of the complaint and summons shall be as provided by subsections (a), (b), (c), and (d) of Code Section 9-11-4[7]; and (2) [i]f the defendant is unknown or resides out of this state . . . , notice of the...
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