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25

Georgia doesn't have degrees of murder, but instead has malice murder and felony murder. Neither requires prosecutors to prove an intent to kill. The three men demonstrated “malice aforethought” when they jointly and illegally chased Arbery through the streets in pickup trucks and shot him. That's the basis for the malice murder charge. The three men were ...


24

Felony murder is a charge brought when a person P, who is committing a felony, regardless of intent to harm or kill another person Q, causes the death of Q. The defendants in this case had committed several felony crimes during the chase and confrontation afterwards, variously aggravated assault false imprisonment criminal attempt to commit felony Note ...


15

Identification rules vary from state to state, but there is no state which would require a person in Mr. Walker's position to identify themselves to law enforcement. The passenger is compelled to produce identification to law enforcement through the threat of illegal violence.


14

Be careful: from the Wikipedia article, it appears that there is a state criminal trial and there will be a federal criminal trial. In addition, there is a federal civil suit which incorporates some stats law claims. The defense in each trial may be different. Have you read the complaint in the civil case? As an example, count 1 alleges, in paragraph 214, ...


8

The insurer can absolutely deny paying any claims if they discover that you misrepresented something in obtaining your policy, or you failed to notify them of relevant changes in accordance with the policy's terms. In fact, even changing the "garage" location within a state can affect your premium. You should call your insurer and provide them an honest ...


7

Short answer: Yes, you can get out. However, this will be harder than you may want it to be. You will need to check your lease agreement for an arbitration clause. If the lease mentions disagreements will be handled by arbitration (or an arbiter), you need to know that going into this. Arbitration clauses usually stipulate that the landlord picks the ...


6

The community charges $300 annually for access to the community pool, to which I only actually used the first three years living here. It likely does not matter whether you used the pool or not. I was handed a case by a police officer today saying I have exactly 30 days upon receiving the letter to pay dues for the community pool for the past 8 years ...


6

The question didn't mention marital status, but since states formally recognize that relationship it's helpful to start there. tl;dr: The Supreme Court decided state laws that required a woman to notify her spouse were unconstitutional. Thus it's unlikely there'd be grounds for suit. Background The central mechanism of Roe v. Wade (U.S. 1973) was a ...


6

The answer to your direct question is that you are mixing things up: a state law like a Citizen's Arrest statute would only be a valid defense in a state trial. A federal trial would require a federal law that allowed for some exception. Because the trial that is beginning now is a state trial taking place in Glynn County Superior Court, the defendants can ...


5

As far as I can tell, that would be a criminal act. Georgia law § 16-8-2 - Theft by taking says: A person commits the offense of theft by taking when he unlawfully takes or, being in lawful possession thereof, unlawfully appropriates any property of another with the intention of depriving him of the property, regardless of the manner in which the ...


4

Note that I am not a lawyer. All law code here is from the official Georgia Law at LexisNexis. In the case of Georgia, the law regarding a child’s election changed in 2008. Prior to 2008, a 14 year old child could choose with which parent to live, unless the judge determined that the chosen parent is unfit. As proving that a parent is unfit was not always ...


4

According to the US Courts website, not all debts need to be paid in full in Chapter 13 proceedings: The plan need not pay unsecured claims in full as long it provides that the debtor will pay all projected "disposable income" over an "applicable commitment period," and as long as unsecured creditors receive at least as much under the plan as they ...


4

I found a number of news stories and official documents about public schools with such policies including: "Parents face more fines and rules if their children miss too much school" from Public Opinion; "School Adopts Strict Policy on Parents Picking Up Children Late" from the Los Angeles Times; "If you're late to pick up your kid ...


4

I wouldn't say that it "trumps state law". Indeed, the State of Georgia, either expressly by statute or through the common law, establishes that teachers and school administrators have the authority to create rules and regulations governing the conduct of students that are not themselves unconstitutional as applied to students, although, in general these ...


4

If you want to get out, and are willing to lose $270, you can not sign the lease and demand a return of your security deposit. You could ask for a return of the other fees as well, but you are less likely to be successful. They would probably have trouble enforcing a security deposit against you if you didn't have a lease with them, and would probably have ...


4

Almost everywhere, in any circumstances, it is the driver's responsibility to operate their vehicle so as not to get in an accident. When two drivers collide, responsibility can be divided among them depending on the details. However, when a driver hits a stopped object (including another vehicle), it is always the driver's fault for not operating his ...


4

Is this charge legal in Georgia? No. It seems unlawful. First, it appears that the landlord was negligent and failed to mitigate damages. Since in general utilities are billed monthly, it is unreasonable for the landlord to have waited this long for a $2 charge that occurred on the first day of your tenancy. Second, legislation typically sets a deadline ...


4

Probably Not In general, the law gives a school significant discretion on how to run its courses and grade its exams. And it is unlikely that getting into a lawsuit over a grade will be a good way to proceed. You could explain more fully to your instructor why you feel unfairly treated, and if not satisfied by the response, go to the department chair or ...


3

We're missing a lot of information that we'd need to offer a full answer. Here are some of the things that will probably drive the analysis: the type of counselor we're talking about; the types of information the counselor disclosed; the reason she disclosed it; the job functions of the people to whom she disclosed it; the reason the client is bothered by ...


3

Short Answer Typically, about four weeks in an uncontested case and six weeks in a contested case, although this depends to some extent upon how business the relevant courts are at the time. Long Answer The time limits break down as follows into different parts of the process: Minimum time from formally demanding possession to being legally allowed to ...


3

This is a general common law answer; Georgia may have statutes or the common law there may change this. In order to establish negligence as a Cause of Action under the law of torts, a plaintiff must prove that the defendant: had a duty to the plaintiff, breached that duty by failing to conform to the required standard of conduct (generally the standard of ...


3

For there to be a cause of action, the father must have suffered damage. It would be impossible to convince a court that he had. Further, government (including the judiciary) post Roe v. Wade does not have the authority to interfere in the mother's decision so an injunction is not possible.


3

The requirement to pay HOA fees and abide by their rules is usually part of the codes, covenants and restrictions that accompany the deed to your house or apartment. You probably agreed to them when you bought the house. This is the source of the HOA's authority to assess fees. You would have to read those documents to see if they place any limits on HOA ...


3

You say the vehicle you hit was stopped "for doing some roadwork"; I assume, therefore, it was a highway maintenance vehicle. Georgia's Move Over Law states, in part: (b) The operator of a motor vehicle approaching a stationary towing or recovery vehicle or a stationary highway maintenance vehicle that is displaying flashing yellow, amber, or red ...


3

We cannot advise you to pay the fine or contest it, but we can say that the law is. A notation like "no tag" is not the same as a formal charge that would be filed against you if you were prosecuted, under Georgia Code 40-2-8. The law says (b)(2)(A) It shall be a misdemeanor to operate any vehicle required to be registered in the State of Georgia ...


3

One can be fired at any moment that the employer chooses, unless there is a contract that provides otherwise. (Some employment contracts specify a notice period.) But if the firing is at the end of a shift or of a work day, that shift's/day's wages would be included in the amount owing to the employee. "Fired" usually refers to ending employment for ...


3

I've contested many of my own traffic tickets in a state where traffic tickets are also considered misdemeanor criminal violations. I would appear in court before the time limit on your ticket. I'd plead not guilty, and I would not waive any rights- which means I would request a trial by jury. Under Georgia law you do have the right to a jury trial IF your ...


3

Theft is of course illegal in all US states, and pretty much every other jurisdiction. In the US that is a matter of state law, not federal. It could be reported to the local police, but it might be hard to prove. Both landlord/tenant law and privacy law are largely matters of state law in the US, not federal law. Such laws vary a good deal in different ...


3

No. It is an often repeated misconception that "Freedom of Speech" means that no one can restrict speech ever. This is not the case. Let us look at the US Consitution's First Admendment, which contains the "Freedom of Speech" clause: Congress shall make no law ... abridging the freedom of speech, or of the press... (Emphasis mine) As one can see, the ...


3

Generally speaking, ex parte communications with a judge (i.e. communications to which all parties to a case are not notified) are prohibited, both by law and as a matter of judicial and attorney ethics, subject to some narrow exceptions (e.g. applications for arrest warrants prior to the arrest warrant being carried out). Generally speaking, communications ...


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