Former Republican Party Chairman Charged with Child Molestation
Cobb County police arrested a former Republican Party chairman on child molestation charges against two boys, the first allegation occurring between 2004 and 2006. During this particular incident, the former chairman is accused of taking one of the boys in a department store for a sexual act. This boy was involved in another alleged occurrence […]
Cobb Superior Court Denies Termination of Trust
A man requested that an attorney, the trustee of his deceased mother’s trust, terminate the trust. The attorney refused and the man sought immediate action against him, but Cobb Superior Court supported the attorney and denied the termination. The man appealed, believing that the trial court did not properly examine the evidence. Georgia’s Court of […]
Treatment Instead of Incarceration
A mother’s loss spurs her to save others from her tragedy The co-founder and executive director of the Davis Direction Foundation attended the ribbon-cutting ceremony for The Zone recently. The Marietta Daily Journal reported that Cobb County’s District Attorney and Attorney General appeared at the opening with about 100 supporters. The Zone is “the culmination […]
Georgia’s Supreme Court Reviews Child Custody Case
Cobb County Superior Court granted custody of three children to their maternal grandparents, but Georgia’s Court of Appeals reversed that decision, returning the children to their mother. The Court examined the evidence and felt that the mother “had a stable job and living environment, had completed substance abuse treatment and passed drug tests, had and […]
Surveillance: Orwellian Situation or Acceptable Means
A Cobb County jury will potentially decide if placing a GPS tracking device on a woman’s car is an invasion of privacy or an acceptable means employed by a private detective to determine if she was having an affair. Apparently, Georgia has no laws governing this specific issue. The Loganville mother of three filed a […]
When Is a Robbery Attempt Not a Robbery Attempt?
Cherokee Superior Court found a defendant guilty of armed robbery, but the defendant felt that the evidence did not support his conviction and appealed. Georgia’s Court of Appeals reviewed the evidence presented to the trial court and noted that the defendant visited a particular pharmacy on one occasion to ask an employee about the cost […]
Recusal of Prosecutor Weighed by Appeals Court of Georgia
A defendant in a Cobb State Court trial objected to the solicitor general recusing himself from the case, claiming that no conflict of interest existed and that he “recused himself without a hearing or the defendant’s consent.” The trial court granted her motion to disallow his recusal. Georgia’s Court of Appeals reviewed the case during […]
Georgia’s Appeals Court Explains Recidivist Sentencing
Cobb Superior Court found a defendant guilty of armed robbery and denied him his motion for a new trial. The defendant believed that the trial court mistakenly allowed the prosecution to use recorded phone calls he made while in jail against him and incorrectly sentenced him as a recidivist. The defendant also found fault with […]
Timeliness of Jury Oath Paves Way for New Trial
Prior to a jury deliberating a case, its members must listen to and swear by an oath as dictated by O.C.G.A. § 15-12-139. The oath requires that jurors provide a verdict according to the evidence presented during trial, a reminder that they should let the facts dictate the outcome. In a case before Cobb State […]
Georgia’s Supreme Court Denies Immunity to Doctor Who Overrode Advance Directive
A plaintiff in a medical malpractice suit contended that a hospital and doctor were negligent in following her grandmother’s advance directive when the doctor intubated her 91-year-old grandmother and placed her on mechanical ventilation. The plaintiff, who is also the designated health care agent, claimed that these procedures “prolonged her life when she was in […]
