Narrative Opinion Summary
The court vacated its prior judgment in the case cited as 161 Ga. App. 640 (1982), which had affirmed the trial court's decision. This action follows the reversal of that judgment by the United States Supreme Court in Bearden v. Georgia, 103 S.Ct. 2064 (1983). The Supreme Court's ruling is now recognized as the judgment of this court. The decision was made on July 7, 1983, with James H. Lohr representing the appellant and David L. Lomenick, Jr. alongside Ralph L. Van Pelt, Jr. representing the appellee. Judges Quillian and McMurray concurred with the judgment reversal.
Legal Issues Addressed
Effect of Supreme Court Reversal on State Court Judgmentssubscribe to see similar legal issues
Application: Upon reversal by the Supreme Court, the state court must vacate its prior judgment and acknowledge the Supreme Court's decision as its own.
Reasoning: This action follows the reversal of that judgment by the United States Supreme Court in Bearden v. Georgia, 103 S.Ct. 2064 (1983).
Judicial Concurrence in Appellate Decisionssubscribe to see similar legal issues
Application: Judges on the appellate panel concurred with the judgment reversal, indicating unanimous agreement with the adoption of the Supreme Court's ruling.
Reasoning: Judges Quillian and McMurray concurred with the judgment reversal.
Reversal of Lower Court Decisionssubscribe to see similar legal issues
Application: The original judgment by the lower court, previously affirmed by the state court, was vacated following a reversal by the United States Supreme Court.
Reasoning: The court vacated its prior judgment in the case cited as 161 Ga. App. 640 (1982), which had affirmed the trial court's decision.
Supreme Court as Final Arbiter of Lawsubscribe to see similar legal issues
Application: The judgment of the United States Supreme Court serves as the conclusive decision, superseding previous rulings by lower courts.
Reasoning: The Supreme Court's ruling is now recognized as the judgment of this court.