Georgia’s Civil Forfeiture Statute Costs a Defendant Over $12,000.00
A defendant in a Cobb Superior Court case lost two amounts of cash, one of which totaled $12,231.00, and some personal property to the police under Georgia’s Civil Forfeiture Statute, O.C.G.A. § 16-13-49 (2014). The money and property were discovered “in close proximity to methamphetamine and marijuana during a search of” the defendant’s car and […]
Qualifications of Expert Witness
Georgia’s Supreme Court Clarifies Qualifications of Expert Witness in Medical Malpractice Case DeKalb Superior Court heard testimony from an expert witness in a medical malpractice case, but the trial court dismissed the suit because the witness did not meet the expert affidavit requirement under O.C.G.A. § 9-11-9.1 (a). Georgia’s Court of Appeals agreed with the […]
Eyewitness Credibility Questioned by Defendant in Hijacking Case
Rockdale Superior Court found a defendant guilty of hijacking a motor vehicle and aggravated assault, but he appealed, contending that the evidence was insufficient in supporting the convictions. The defendant also believed that the trial court charged the jury incorrectly and commented on evidence. Georgia’s Court of Appeals examined the case, noting the defendant’s objection […]
Time Taken for Drug-Sniffing Dog Not Enough to Block Motion to Suppress
The police stopped two men for a lane change violation, and during the time it took the officer to complete an identity check on the passenger, he discovered the existence of drugs through the use of his dog. He searched the vehicle, having been provided probable cause, and discovered nearly ten pounds of marijuana. The […]
Evidence Supports Convictions in Spite of Defendant’s Protestations against Trial Court Procedures
Chatham Superior Court convicted a defendant of malice murder and other offenses after he beat his wife to death. The defendant appealed, claiming that the trial court made several mistakes. Georgia’s Supreme Court examined his case and showed that the trial court permitted the testimony of the defendant’s prior acts of domestic violence committed against […]
Georgia’s Appeals Court Determines How the Role of a Tipster Transitioned into Participant-Informer
Hall Superior Court found a defendant guilty of possession of cocaine with the intent to distribute, criminal attempt to commit the sale of cocaine, and use of a communication facility in facilitating a commission of a felony criminal act. The defendant appealed, believing that the State should have identified its confidential informant because he was […]
Georgia’s Supreme Court Weighs Factors of Effective Counsel
Gwinnett Superior Court convicted a defendant of malice murder, burglary, aggravated assault, possession of a firearm during the commission of a felony, and possession of a firearm by a convicted felon. The defendant filed a motion for a new trial because he felt that his attorney was ineffectual, but the trial court denied his motion. […]
Georgia’s Appeal Court Shows How Rape and Incest Cannot Be Merged
Dougherty Superior Court convicted a defendant on aggravated child molestation, rape, incest, and two counts of sexual battery against his daughter. The defendant appealed, believing that his rape and incest convictions should have been merged for the sake of sentencing. Georgia’s Court of Appeals reviewed his case and determined that the evidence supported each of […]
Lack of Corroboration Frees Alleged Murderer
Fulton Superior Court convicted a defendant of murder and possession of a firearm during the commission of a felony, but the defendant noted a flaw in the court’s jury charge. Georgia’s Supreme Court examined the instructions given to the jury and saw that the trial court explained to the jury “that particular facts could be […]
Georgia’s Appeals Court Explains When Detention on a Boat Constitutes Miranda Protection
Hall State Court found a defendant guilty of operating a moving vessel under the influence of alcohol (boating under the influence or BUI) and three counts of endangering a child by operating a moving vessel under the influence of alcohol. The defendant filed a Motion to Suppress Evidence of the field sobriety tests, but the […]
