Case Summary: EVANS v. THE STATE, No. A07A1346 (Court of Appeals of Georgia, Oct. 13, 2009)

Factual and Procedural Background

The provided opinion concerns the criminal matter captioned EVANS v. THE STATE, docket No. A07A1346, before the Court of Appeals of Georgia, decided October 13, 2009. The underlying prosecution involved burglary and related charges originating in Douglas Superior Court, before Judge James. Counsel of record in this appeal included Mary Erickson for the appellant and David McDade, District Attorney, with Paige E. Boorman, Assistant District Attorney, for the appellee.

The opinion states that, in State v. Evans, 285 Ga. 67 (673 S.E.2d 243) (2009), the Supreme Court of Georgia reversed the judgment of this Court in Evans v. State, 288 Ga. App. 304 (653 S.E.2d 503) (2007). As a result, the Court of Appeals vacated its earlier opinion and adopted the Supreme Court's opinion as its own. The opinion concludes with the directive "Judgment reversed," and notes that Smith, P. J., and Barnes, J., concurred.

Legal Issues Presented

The opinion does not frame distinct legal issues. It primarily addresses the post-decisional procedural consequence of a reversal by the Supreme Court of Georgia.

Arguments of the Parties

The opinion does not contain a detailed account of the parties' legal arguments.

Table of Precedents Cited

Precedent	Rule or Principle Cited For	Application by the Court
State v. Evans, 285 Ga. 67 (673 S.E.2d 243) (2009)	Identified in the opinion as the Supreme Court of Georgia decision that reversed this Court's earlier judgment.	Because the Supreme Court reversed the prior judgment, the Court of Appeals vacated its earlier opinion and adopted the Supreme Court's opinion as its own.
Evans v. State, 288 Ga. App. 304 (653 S.E.2d 503) (2007)	Identified as this Court's earlier opinion that was the subject of the Supreme Court's reversal.	The Court of Appeals' earlier opinion was vacated in light of the Supreme Court's reversal of that decision.

Court's Reasoning and Analysis

The opinion's analytical content is concise and procedural. The Court of Appeals explains that the Supreme Court of Georgia issued a decision (State v. Evans, 285 Ga. 67 (673 S.E.2d 243) (2009)) reversing this Court's earlier judgment in Evans v. State, 288 Ga. App. 304 (653 S.E.2d 503) (2007). In response to that reversal, this Court vacated its prior opinion and adopted the Supreme Court's opinion as its own. The opinion does not elaborate further on the substantive legal analysis or the specific grounds for the Supreme Court's reversal; it treats the Supreme Court's decision as dispositive and implements the corresponding procedural actions (vacatur of the earlier opinion and adoption of the Supreme Court's opinion).

Holding and Implications

Holding: Judgment reversed.

Implications:

The immediate effect is that the Court of Appeals' earlier opinion in Evans v. State, 288 Ga. App. 304 (653 S.E.2d 503) (2007), has been vacated.
The Court of Appeals expressly adopts the Supreme Court of Georgia's opinion in State v. Evans, 285 Ga. 67 (673 S.E.2d 243) (2009), as its own resolution of the matter.
The opinion does not discuss broader legal consequences or state that it establishes new precedent beyond the direct effect of implementing the Supreme Court's reversal.

Opinion Author: Miller, Chief Judge. Concurrence by Smith, P.J., and Barnes, J.

Decision Date: October 13, 2009.

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EVANS v. THE STATE.

MILLER, Chief Judge.

In State v. Evans, 285 Ga. 67 ( 673 SE2d 243) (2009), the Supreme Court of Georgia reversed the judgment of this Court in Evans v. State, 288 Ga. App. 304 ( 653 SE2d 503) (2007). Therefore, we vacate our earlier opinion and adopt the opinion of the Supreme Court as our own. Judgment reversed. Smith, P. J., and Barnes, J., concur.