Justia Georgia Supreme Court Opinion Summaries

Timothy Coen filed suit against CDC Software Corporation, Aptean, Inc. (CDC’s successor in interest), and four individuals acting as either a board member or general counsel for CDC, for defamation, false light and disclosure of private facts, intentional infliction of emotional distress, and attorney fees. The trial court dismissed Coen’s action based on both res judicata and failure to state a claim, referencing an earlier lawsuit filed by Coen for breach of his employment contract with CDC. In an unpublished opinion, the Court of Appeals affirmed, finding both actions arose from the underlying circumstances surrounding the termination of Coen’s employment with the CDC. Thereafter, the Georgia Supreme Court granted Coen’s petition for certiorari to review whether the Court of Appeals erred in its formulation and application of the doctrine of res judicata. The Supreme Court found that the Court of Appeals did err in its formulation, and, accordingly, reversed for the Court of Appeals to consider the trial court’s alternative holding. View "Coen v. CDC Software Corp." on Justia Law

Appellant Jimmy Winfrey pled guilty to six counts of violating Georgia’s Street Gang Terrorism Prevention Act in connection with a drive-by shooting of rapper “Lil Wayne’s” tour bus on Interstate 75. Winfrey appealed, arguing that the trial judge improperly participated in plea negotiations in violation of Uniform Superior Court Rule 33.5 (A) and that his plea was involuntary on the basis of that participation. After review, the Georgia Supreme Court agreed, and therefore reversed Winfrey's convictions. "Taken in their entirety, the trial court’s repeated comments communicated to Winfrey, albeit implicitly, that if he rejected the plea offer and was found guilty by a jury, then he would - not merely may or could - receive a harsher sentence. We must conclude in light of these comments that Winfrey’s guilty plea was involuntary." View "Winfrey v. Georgia" on Justia Law

The Georgia Supreme Court granted a writ of certiorari to the Court of Appeals in Thomas v. Tenet HealthSystem GB, 796 SE2d 301 (2017), to consider whether that court properly held that a claim of imputed simple negligence against a hospital, which was asserted in a second amended complaint, related back to the original complaint pursuant to OCGA 9-11-15 (c). Finding that the Court of Appeals was correct, the Supreme Court affirmed that court’s judgment. View "Tenet HealthSystem GA, Inc. v. Thomas" on Justia Law

Appellant Maxim Cabaret, Inc. d/b/a Maxim Cabaret was a strip club in Sandy Springs, Georgia, and appellant Theo Lambros was the club’s operator, sole shareholder, and president (collectively “Maxim”). Maxim appealed the superior court's order granting summary judgment to the City of Sandy Springs on Maxim’s legal challenges to city ordinances. The Georgia Supreme Court held that Maxim’s challenges to prior versions of the City’s ordinances that have since been replaced or amended were moot; current adult business ordinances prohibiting the sale of alcohol at businesses that offer live nude entertainment constitutionally regulate negative secondary effects of strip clubs without unduly inhibiting free speech or expression; and because the City may constitutionally prohibit Maxim from obtaining a license to sell liquor on its premises under the City’s adult business licensing ordinances, Maxim lacked standing to challenge the City’s alcohol licensing regulations. View "Maxim Cabaret v. City of Sandy Springs" on Justia Law

In a wrongful death lawsuit involving Georgia law, the United States District Court for the Northern District of Georgia certified two questions to the Georgia Supreme Court. In September 1992, Delia Bibbs was involved in a car accident in which she sustained a head injury that left her in a coma. A few months after the accident, she filed, through her husband, a personal injury lawsuit against Toyota Motor Corporation and Toyota Motor Sales, USA, Inc. The case was tried by a jury, but before it returned a verdict, Bibbs and Toyota entered into a “high-low” settlement agreement, which guaranteed some recovery for Bibbs in the event of a verdict for Toyota, but limited Toyota’s exposure in the event of a verdict for Bibbs. The jury returned a verdict for Bibbs, awarding substantial damages, including more than $400,000 for past medical expenses, $6 million for future life care expenses, and $30 million for past and future pain and suffering. Within the next month, Toyota paid the amount required under the settlement agreement, and Bibbs executed a written release that incorporated the settlement agreement. Expressly excluded from the release was “any claim for Delia Bibbs’ wrongful death, inasmuch as Delia Bibbs has not died and no such claim was made or could have been made in the [personal injury lawsuit].” Also in connection with the settlement, Bibbs dismissed her personal injury lawsuit with prejudice. More than 20 years later, Bibbs died, Together with her surviving children, Bibbs’s husband filed a wrongful death lawsuit against Toyota, seeking damages for the full value of her life. The case was removed to federal district court, and Toyota filed a motion for partial summary judgment. Under Georgia law, the federal court asked whether the damages that may be recovered in a wrongful death action brought by survivors of a decedent limited by a settlement entered into by the decedent’s guardian in a previous personal injury suit settling all claims that were or could have been asserted in that suit. If the answer was yes, what components of wrongful death damages were barred? The Georgia Supreme Court answered the first question in the affirmative, and in response to the second question, explained that damages recovered or recoverable in an earlier personal injury lawsuit could not be recovered again in a wrongful death suit. View "Bibbs v. Toyota Motor Corporation, Inc." on Justia Law

Rico Ballard appealed pro se the Superior Court’s denial of his motion and amended motion in arrest of judgment, which Ballard filed many years after his 1996 murder conviction. The Georgia Supreme Court did not reach the merits of Ballard’s claims, however, because the trial court lacked jurisdiction and should have dismissed his motion and amended motion. The Supreme Court therefore vacated the judgment and remanded with direction for the trial court to do so. View "Ballard v. Georgia" on Justia Law

Following the denial of his motion for new trial, Stephon Rickman appealed his convictions for felony murder and possession of a firearm during the commission of a crime in connection with the fatal shooting of Travious Floyd. Rickman challenged the trial court’s admission of certain photographic evidence and the effectiveness of his trial counsel. Finding the challenges to be unavailing, the Georgia Supreme Court affirmed. View "Rickman v. Georgia" on Justia Law

Walter Caldwell appealed his conviction and sentence for felony murder while in the commission of aggravated assault in connection with the beating death of his girlfriend’s fifteen-month-old daughter Tynisha Carlton. His sole challenge was to the trial court’s refusal to strike three potential jurors for cause. Finding the challenge to be without merit, the Georgia Supreme Court affirmed. View "Caldwell v. Georgia" on Justia Law

In 2012, a jury found Charles Mitchell guilty of malice murder, two counts of felony murder, armed robbery, aggravated assault, arson, concealing the death of another, making a false statement, and possession of a firearm in commission of a felony in connection with the murder of Gboye Jalloh. Mitchell was sentenced to two life terms plus five years. His amended motion for new trial was denied, and Mitchell appealed, alleging on of error remarks made by the trial court during preliminary instructions to the jury venire. Finding no such errors, the Georgia Supreme Court affirmed. View "Mitchell v. Georgia" on Justia Law

Brandon Taylor and his three co-indictees (Henry Finley, III, James Jordan, and Christopher Cushenberry) were charged with malice murder, three counts of felony murder, and other offenses arising out of the shooting death of Javarus Dupree. Taylor was tried jointly with Henry Grady Finley, whose convictions were previously affirmed. The jury found Taylor guilty of two counts of felony murder (predicated on criminal attempt to commit armed robbery and on conspiracy to commit armed robbery), as well as the underlying predicate crimes to those felony murder charges. Appellant joined the other three co-indictees when they met up with the victim under the ruse of setting up a drug “buy.” During the attempted robbery, Jordan shot the victim in the head, resulting in his death. The trial court denied appellant’s motion for new trial, and he appealed. Finding only error in the sentencing order, the Georgia Supreme Court affirmed in part, reversed in part and remanded for resentencing. View "Taylor v. Georgia" on Justia Law