Julian Webb

The case involved an appeal by Jackson following his conviction for aggravated assault, in which he challenged the trial court's denial of his retained counsel's motion to allow him to participate as co-counsel by making a short closing statement to the jury and questioning certain witnesses. The Court of Appeals reversed the conviction. It held that the Georgia Constitution grants defendants the right to defend their case in person, by attorney, or both, and that while trial courts possess broad discretion to regulate the manner of exercising this right to preserve order and decorum, that discretion cannot be applied so as to deprive the defendant of the right entirely. The trial court's outright denial, based on Jackson's limited education and representation by competent counsel, was found to violate this constitutional protection. Claims regarding improper hypothetical questions to character witnesses and denial of a mistrial were rejected as without merit.

criminal lawprocedure

In Price v. State, Harriet Price was tried for murder after shooting her husband and convicted of voluntary manslaughter with a fifteen-year sentence. On appeal, the court reversed the conviction and remanded for a new trial, finding two trial errors. First, repeated emotional outbursts by the victim's mother disrupted proceedings and prejudiced the jury despite defense objections and motions for mistrial; the trial judge abused discretion by allowing her continued presence in view of the jury rather than excluding her or granting relief. Second, the judge gave an improper instruction at the start of trial emphasizing that appellate courts could review legal errors but not factual ones by the jury, which the court held improperly implied the defendant would lose and seek reversal. These violations required reversal under Georgia precedent protecting fair trial rights.

criminal lawprocedure

The Housing Authority of Atlanta appealed a jury verdict and $175,000 judgment against it for damages to apartments that occurred while it leased the properties from Starcher and other owners. The Georgia Court of Appeals affirmed the judgment in full. The court held that the Authority's challenge to the denial of summary judgment was moot after trial, that objections to evidence of replacement costs and owner valuation testimony lacked merit under Georgia precedent, and that the pleadings could be read to state claims for diminution in property value, making the denial of a directed verdict proper. The jury charge on the measure of damages was also upheld, and the evidence was deemed sufficient to support the verdict.

propertyproceduretorts & liability

The case involved Metzgar appealing a grant of summary judgment to Reserve Insurance Company on his claim that an oral lifetime employment contract existed between the parties. The court considered whether the alleged contract was removed from Georgia's Statute of Frauds by part performance through Metzgar's entry into and service under the employment. It affirmed the summary judgment, holding that no genuine issue of material fact existed because mere performance of services under an employment contract does not qualify as the substantial part performance needed to avoid the writing requirement. The core reasoning, drawn from Georgia precedents, was that part performance must result in a substantial benefit to one party and detriment to the other, which was absent here.

labor & employmentbusiness & regulatory

The case involved an appeal from a trial court's order directing resale of property after a foreclosure sale under a deed to secure debt failed to bring the true market value, despite the creditors having acted in good faith based on appraisals. The appellants, the grantor and guarantor, argued that the court lacked authority to order resale, that rights to resale had been waived, that no parties would benefit, and that they were denied due process by not being allowed to present evidence on default. The appellate court affirmed the resale order, reasoning that the relevant statute expressly allows resale for good cause including a below-market sale price, that no waiver or other statutory bar applied, that resale would benefit the parties, and that default is not an issue in confirmation proceedings.

propertyprocedure

The case involved defendant Huffman, who was observed by police acting suspiciously near a closed casino on St. Simons Island and was stopped after officers saw individuals with radios approaching his car. Police found walkie-talkies, gloves, a pistol, bolt cutters, and other items in the vehicle; a cut padlock was discovered at the casino, and Huffman admitted he and others intended to burglarize it. He was convicted of criminal attempt to commit burglary and possession of burglary tools. The court affirmed the convictions, ruling that the jury instructions on conspiracy were adequate when considered with the full charge on reasonable doubt, that a prior decision had already upheld the grand jury array, and that the stop and consent search were lawful because they were supported by reasonable suspicion without constituting an arrest.

criminal lawprocedure