On Monday, Oct. 6 at 10 a.m. the Georgia Court of Appeals will hear oral arguments in the moot courtroom at Mercer Law School. The annual visit will provide an opportunity for students and the local community to observe the Court in action. The panel that will hear cases at the Law School includes Judge Sara L. Doyle, presiding, Judge Stephen Louis A. Dillard and Judge M. Yvette Miller. The cases to be heard as part of the Fourth Division of the Court includes Southern States – Bartow County, Inc. v Riverwood Farm Property Owners Association; Strickland v. Strickland; and Perez v. Georgia.
Judge Miller is an alumna of Mercer, earning her B.A. degree and J.D. from the University. Judge Doyle also earned her J.D. from Mercer Law School.
Case No. A14A1562, Southern States – Bartow County, Inc. v. Riverwood Farm Property Owners Association, involves the appeal, by a prospective landfill developer, of a trial court ruling that local zoning ordinances prohibit the developer from constructing the landfill.
Case No. A14A1577, Strickland v. Strickland, involves a custody case where the appellant alleges (1) that the trial court acted unconstitutionally by awarding custody of her children to her parents without finding that she was unfit; (2) that the trial court's award of custody was not supported by clear and convincing evidence; and (3) that the trial court erred in relying on allegedly hearsay testimony from the guardian ad litem.
Case No. A14A1992, Perez v. Georgia, is a criminal appeal in which the appellant alleges (1) that the trial court improperly admitted various types of evidence; (2) that he was deprived of his right to the effective assistance of counsel under the Sixth Amendment to the United States Constitution; and (3) that he was deprived of his rights to a fair trial and due process under the Fifth and Fourteenth Amendments to the United States Constitution.
The Georgia Court of Appeals is the intermediate appellate court in Georgia. It was established in 1906 and has twelve judges who serve in four divisions. The Court of Appeals has statewide appellate jurisdiction of all cases except those involving constitutional questions, land title disputes, the construction of wills, murder, election contests, habeas corpus, extraordinary remedies, divorce and alimony and cases where original appellate jurisdiction lies with the superior courts. The Court of Appeals may certify legal questions to the Supreme Court.