Victor Cuvo, Attorney at Law
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From: Justia Daily Opinion Summaries <notifications@justia.info>
Date: May 31, 2012 9:02:53 AM EDT
To: Victor Cuvo <vacuvo@yahoo.com>
Subject: Georgia Supreme Court Summaries for May 31, 2012
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Daily Opinion Summaries
Georgia Supreme Court
Summaries for May 31, 2012
- Whitaker v. State
Constitutional Law, Criminal Law- West Hamryka, et al. v. City of Dawsonville, et al.
Real Estate & Property Law, Zoning, Planning & Land Use- Walden v. State
Constitutional Law, Criminal Law- Sharpe v. State
Constitutional Law, Criminal Law- Scott v. State
Constitutional Law, Criminal Law- Rucker v. State
Constitutional Law, Criminal Law- Royal Capital Dev., LLC v. Maryland Casualty Co.
Contracts, Insurance Law, Real Estate & Property Law
Receive this and other FREE daily opinion summaries from Justia Whitaker v. State
Docket: S12A0640 Opinion Date: May 29, 2012 Judge: Carley
Areas of Law: Constitutional Law, Criminal Law
Defendant was found guilty of felony murder and cruelty to children. The trial court entered judgment of conviction for the felony murder and sentenced defendant to life imprisonment. The cruelty to children charge merged with the felony murder convictions. Defendant subsequently appealed the denial of his motion for a new trial. The court held that defendant made an insufficient showing of prejudice and thus his claim for ineffective assistance of counsel must fail and defendant's due process rights were not violated by the 10-year delay between trial and appeal. Accordingly, the court affirmed the judgment.
http://j.st/WWG 
View Case on: Justia Google Scholar West Hamryka, et al. v. City of Dawsonville, et al.
Docket: S12A0215, S12A0217, S12A0218 Opinion Date: May 29, 2012 Judge: Nahmias
Areas of Law: Real Estate & Property Law, Zoning, Planning & Land Use
Appellants, owners of a tract of real property in Dawson County, filed a nine-count complaint against appellees challenging a rezoning decision in superior court. The superior court granted summary judgment to appellees on three of the nine counts and appellants subsequently filed three direct appeals to the court. The court initially dismissed the appeals by order for failure to comply with the discretionary appeal procedures of OCGA 5-6-35. On appellants' motion for reconsideration, however, the court reinstated the appeals and directed the parties to brief whether OCGA 5-6-35(a)(1) applied. Having had the benefit of full briefing and oral argument on the issue, the court concluded that these appeals came under OCGA 5-6-35(a)(1) and so the court dismissed them again.
http://j.st/WWJ View Case on: Justia Google Scholar Walden v. State
Docket: S12A0014 Opinion Date: May 29, 2012 Judge: Hunstein
Areas of Law: Constitutional Law, Criminal Law
Defendant pled guilty to felony murder in connection with the arson that caused his stepfather's death. Defendant subsequently filed a motion to withdraw his guilty plea, which the trial court denied. The court found that the plea was voluntary and held that defendant's claim of ineffective assistance of counsel was not properly before the court on direct appeal because it was not raised below.
http://j.st/WPv View Case on: Justia Google Scholar Sharpe v. State
Docket: S12A0677 Opinion Date: May 29, 2012 Judge: Thompson
Areas of Law: Constitutional Law, Criminal Law
Defendant was convicted of malice murder in connection with the deaths of two victims. Defendant's amended motion for new trial was denied and defendant subsequently appealed. The court held that the evidence was sufficient to enable a rational trier of fact to find him guilty beyond a reasonable doubt; the trial court did not err in allowing a medical examiner to characterize the manner of death for the two victims; the trial court did not abuse its discretion in excluding exculpatory evidence when it refused to admit a 911 call defendant made to report the fire; any error as to the felony arson charge did not affect the outcome of the proceedings; and the court rejected defendant's claim that the trial court's charge to the jury failed to inform them that the "not guilty" option could operate as a general acquittal of the murder charges. Accordingly, the court affirmed the judgment.
http://j.st/WPV View Case on: Justia Google Scholar Scott v. State
Docket: S12A0764 Opinion Date: May 29, 2012 Judge: Thompson
Areas of Law: Constitutional Law, Criminal Law
Defendant was convicted of felony murder, aggravated assault, and possession of a firearm during the commission of a crime in connection with a shooting death. On appeal, defendant contended that the trial court erred by excluding from trial evidence that the victim had been molesting defendant's niece and refusing to charge the jury on the lesser included offense of voluntary manslaughter. The court held that it was error not to instruct the jury on the lesser included offense under the circumstances and the court could not say the error was harmless. Accordingly, the court reversed the judgment.
http://j.st/WPe View Case on: Justia Google Scholar Rucker v. State
Docket: S12A0495 Opinion Date: May 29, 2012 Judge: Hines
Areas of Law: Constitutional Law, Criminal Law
Defendant appealed his convictions for two counts of malice murder in connection with the fatal shootings of two victims, one count of kidnapping with bodily injury as the result of the abduction and rape of a third victim, and one count of kidnapping resulting from the abduction of a fourth victim. The court held that the trial court did not err in admitting into evidence photographs of videotapes labeled with violent content which were found in one of the two vehicles in which defendant and his family were attempting to flee at the time of his arrest, in response to defendant's insanity defense; the trial court did not err in permitting into evidence photographs of tattoos on his body taken after he was in custody in response to defendant's insanity defense; and even assuming that a prosecutorial comment raised the specter of defendant's dangerousness in the future, it was harmless in light of the overwhelming evidence of defendant's guilt. Accordingly, the court affirmed the judgment.
http://j.st/WPd View Case on: Justia Google Scholar Royal Capital Dev., LLC v. Maryland Casualty Co.
Docket: S12Q0209 Opinion Date: May 29, 2012 Judge: Thompson
Areas of Law: Contracts, Insurance Law, Real Estate & Property Law
The United States Court of appeals asked the court to answer a question that stemmed from a dispute over the proper interpretation under Georgia law of a contract insuring real property. The primary issue presented was whether the court's ruling in State Farm Mut. Auto. Ins. Co. v. Mabry, a case involving an automobile insurance policy wherein the court held that a provision requiring the insurer to pay for loss to the insured's car required the insurer to also pay for any diminution in value of the repaired vehicle, was applicable. The court held that its ruling in Mabry was not limited by the type of property insured, but rather spoke generally to the measure of damages an insurer was obligated to pay.
http://j.st/WPN View Case on: Justia Google Scholar
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