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Georgia Appeals Court Denies Defendant’s Motions to Suppress in DUI Arrest

October 31, 2016 No Comments

The Georgia Court of Appeals recently upheld a Cherokee County DUI conviction, rejecting a defendant’s attempt to suppress statements and blood test evidence. The man crashed into a gated entrance at his girlfriend’s apartment complex and later admitted to drinking and driving. His motions to suppress—claiming lack of Miranda warnings and involuntary consent to a blood-alcohol test—were both denied. The Court ruled that he wasn’t in custody when first questioned and had freely consented to testing, reinforcing how Georgia courts handle DUI suppression motions and evidence admissibility.

Protective Orders Limiting Parental Visitation

October 31, 2016 No Comments

The Georgia Court of Appeals recently clarified the limits of protective orders in cases involving parental visitation rights. A Paulding County father appealed a ruling that restricted contact with his children after his wife obtained a protective order. While the Appeals Court upheld the trial court’s decision not to dismiss the order, it ruled that judges cannot permanently block visitation rights under such orders. This decision underscores the balance between family safety and parental rights in Georgia’s legal system.

Defendant’s Battered Person Syndrome

October 25, 2016 No Comments

The Georgia Court of Appeals has granted a new trial for a woman convicted of aggravated assault in Cobb County after determining her defense attorney failed to introduce evidence of Battered Person Syndrome (BPS). The Court noted that expert testimony could have supported her justification defense and helped the jury understand her response to years of abuse. The ruling underscores how effective legal counsel and awareness of trauma-based defenses can significantly impact the outcome of criminal cases in Georgia.

Search Warrants Obtained with Confidential Informants

October 24, 2016 No Comments

The Georgia Court of Appeals reversed a Cobb Superior Court ruling after finding that police failed to properly vet a confidential informant before obtaining a search warrant. The defendant, charged with trafficking methamphetamine, filed a motion to suppress evidence, arguing the warrant was based on unreliable information. The Court agreed, noting that the police did not corroborate the informant’s claims or establish credibility, making the search unconstitutional under Georgia law. This case highlights the importance of probable cause and informant verification in Georgia criminal cases.

Former Republican Party Chairman Charged with Child Molestation

October 19, 2016 No Comments

A former Cobb County Republican Party chairman has been charged with child molestation involving two boys, according to police reports. The allegations span multiple years and locations, including a local church. The defendant, who remains jailed without bond, entered a not guilty plea during his arraignment before a Cobb Superior Court judge. Legal experts note that such charges can lead to significant penalties and complex pretrial motions. This case underscores the importance of legal representation and understanding the criminal justice process in Georgia’s courts.

Cobb Superior Court Denies Termination of Trust

October 18, 2016 No Comments

The Georgia Court of Appeals reversed a Cobb Superior Court decision after determining that the conditions of a family living trust had been fulfilled. The case centered on a man’s request to terminate his late mother’s trust, which the trustee initially refused. The Court found that the trust’s termination conditions were satisfied when the youngest beneficiary reached the specified age of 27, allowing for the trust’s closure. This ruling emphasizes the importance of clear trust language and demonstrates how Georgia appellate courts interpret estate and probate disputes.

Treatment Instead of Incarceration

October 17, 2016 No Comments

The opening of The Zone in Marietta, Georgia, marks a community-wide shift toward treatment instead of incarceration. Supported by Cobb County’s District Attorney and Attorney General, the Davis Direction Foundation created this recovery center to help individuals struggling with heroin and opioid addiction rebuild their lives. The Zone offers programs like music therapy, yoga, social support, and scholarships — all designed to promote long-term recovery and reduce relapse. This initiative shows how Cobb County continues to prioritize rehabilitation over punishment for addiction-related struggles.

Georgia’s Supreme Court Reviews Child Custody Case

October 10, 2016 No Comments

The Georgia Supreme Court has reaffirmed a Cobb County Superior Court decision that awarded custody of three children to their maternal grandparents. The ruling came after the Georgia Court of Appeals initially reversed the trial court’s decision, returning custody to the mother. The Supreme Court determined that the Appeals Court disregarded substantial evidence supporting the grandparents’ suitability, emphasizing the importance of evidence-based custody rulings in Georgia courts.

Surveillance: Orwellian Situation or Acceptable Means

September 27, 2016 No Comments

A Cobb County jury may soon determine whether placing a GPS tracking device on someone’s vehicle is an invasion of privacy or a lawful investigative method. The lawsuit, involving a Loganville mother of three, raises questions about Georgia’s surveillance laws and personal privacy.

The woman’s attorney argues that people should have a reasonable expectation of privacy from secret tracking, while the private investigator’s lawyer insists it’s a standard investigative tool. As Georgia law currently lacks clarity on GPS tracking, this Cobb County case could influence future interpretations of O.C.G.A. § 16-11-62 and shape how far investigators can go in gathering evidence.

When Is a Robbery Attempt Not a Robbery Attempt?

September 27, 2016 No Comments

The Georgia Court of Appeals reversed an armed robbery conviction from Cherokee County Superior Court, finding that the defendant’s actions did not meet the legal threshold for an attempted robbery under O.C.G.A. § 16-4-1.

The case involved a man who entered a pharmacy wearing a mask and carried suspicious notes suggesting intent, but no weapon was found and no robbery occurred. The Court ruled that these actions represented preparation rather than an actual attempt, a key distinction in Georgia criminal law.

This decision underscores the importance of understanding “substantial steps” vs. “mere preparation” in criminal attempt cases — and how a skilled Georgia criminal defense attorney can challenge evidence that doesn’t meet the burden of proof.