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Recusal of Prosecutor Weighed by Appeals Court of Georgia

September 26, 2016 No Comments

The Georgia Court of Appeals overturned a Cobb County trial court decision in a case involving the recusal of a solicitor general. The defendant had objected to the prosecutor’s voluntary withdrawal, claiming no conflict of interest existed and that the recusal occurred without a hearing or her consent.

The Court of Appeals clarified that under Georgia law, a criminal defendant cannot object to a prosecutor’s voluntary recusal. The court also found that the trial judge lacked authority to override the Attorney General’s reassignment of the case to another county’s solicitor’s office.

This decision reinforces how Georgia courts handle conflicts of interest and prosecutorial discretion, ensuring fair and impartial case assignments in the state’s legal system.

Georgia’s Appeals Court Explains Recidivist Sentencing

September 26, 2016 No Comments

The Georgia Court of Appeals upheld a Cobb County Superior Court decision in a case involving recidivist sentencing after an armed robbery conviction. The defendant challenged the trial court’s use of recorded jail phone calls and claimed his attorney failed to object properly to the sentencing enhancement.

The Appeals Court ruled that the trial court acted correctly, determining the defendant’s prior Michigan offense qualified him as a recidivist under Georgia law. The Court also rejected the defendant’s claims of ineffective counsel, noting that the attorney’s performance was reasonable and that no objections would have changed the outcome.

This ruling highlights how prior out-of-state convictions can impact sentencing and underscores the importance of experienced legal representation in Georgia criminal cases.

Timeliness of Jury Oath Paves Way for New Trial

September 26, 2016 No Comments

The Georgia Court of Appeals upheld a Cobb County trial court’s decision to grant a new trial in a DUI case due to a jury oath error.
The defendant argued that the judge administered the juror’s oath only after deliberations had begun, violating the procedure required under O.C.G.A. § 15-12-139.

The Appeals Court cited precedent from Adams v. State (2010), explaining that although a late oath is not always reversible error, it must occur before deliberations begin to preserve a fair trial. In this case, the oath was deemed so delayed that the jury became “fatally infirm,” compromising the verdict’s validity.

This case serves as a reminder of the importance of proper trial procedure and how even small judicial oversights can justify a new trial under Georgia law.

Georgia’s Supreme Court Denies Immunity to Doctor Who Overrode Advance Directive

September 22, 2016 No Comments

The Georgia Supreme Court ruled that a doctor and hospital could not claim immunity after allegedly ignoring a patient’s advance directive in a medical malpractice case.

The lawsuit stemmed from a Richmond County case in which a doctor intubated and placed a 91-year-old woman on life support against her health care agent’s wishes. The plaintiff, her granddaughter, argued this act caused unnecessary suffering and violated Georgia’s Advance Directive Act.

Both the trial court and Court of Appeals found that the doctor failed to act in good faith, as required by O.C.G.A. § 31-32-10, and the Supreme Court agreed, emphasizing that medical decisions should reflect the patient’s will—not the provider’s.

This case reinforces the importance of patient autonomy and the legal obligations of healthcare providers in Georgia when following advance directives.

Appeals Court Sees Through Convicted Burglar’s Attempt to Cloak Actions as Seeking Shelter

September 15, 2016 No Comments

The Georgia Court of Appeals upheld a Fulton County burglary conviction, dismissing the defendant’s claim that he entered the property seeking shelter.

According to court records, the man was caught removing door hinges after breaking a porch door, and valuables inside the home suggested intent to steal. The defendant also challenged the trial court’s refusal to include criminal trespass as a lesser offense, but the Appeals Court found no evidence to support that instruction.

The Court further dismissed arguments about jury instructions and ineffective counsel, ruling that the trial court’s process and the defense attorney’s actions were appropriate. This case illustrates how Georgia courts interpret burglary intent under O.C.G.A. § 16-7-1 and underscores the importance of experienced representation in criminal trials.

Georgia’s Child Hearsay Statute Prevents Trial Counsel from Objecting

September 13, 2016 No Comments

The Georgia Court of Appeals upheld multiple Gwinnett County child molestation convictions, finding that the defendant’s attorney acted reasonably under Georgia’s Child Hearsay Statute.

The defendant claimed ineffective counsel, arguing his attorney failed to object to several witnesses who testified about the victim’s statements. The Appeals Court, however, explained that the statute permits certain out-of-court statements made before a child turns 16, and that objections would have had no merit.

Additionally, the Court supported the attorney’s strategic decision not to object to a nurse examiner’s testimony, noting that doing so could have alienated the jury. The ruling affirms the importance of Georgia’s hearsay laws and illustrates how defense strategy and admissible evidence intersect in sensitive criminal cases.

Motion to Suppress Evidence

August 30, 2016 No Comments

The Georgia Court of Appeals upheld a Cobb County conviction involving drug trafficking after rejecting a motion to suppress evidence based on an allegedly unlawful search.

The defendant was stopped for a cracked taillight and broken lens. After giving a false name and date of birth, officers lawfully arrested him and discovered methamphetamine, cash, and paraphernalia in the vehicle. The defendant attempted to flee but was apprehended shortly afterward.

The Court ruled that the initial stop was lawful, the arrest was valid, and the evidence obtained during the search was admissible. This decision reaffirms that when a traffic stop is initiated for a legitimate reason, evidence discovered during the process can support criminal convictions.

The ruling serves as a reminder of how traffic stops can quickly escalate into serious felony charges—and why having an experienced Cobb County criminal defense attorney is essential when challenging evidence in Georgia courts.

Cobb County Police Department Take Suggestions from Their Communities

August 30, 2016 No Comments

The Cobb County Police Department recently hosted two public meetings to hear directly from residents about policing expectations and community safety concerns.

Held at South Cobb High School and in east Cobb, the sessions gave citizens the chance to discuss issues like racial bias, traffic stops, and community engagement. One resident expressed concern for her two sons, emphasizing the need for more transparency in how officers conduct stops and suggesting better data tracking to compare perception versus reality.

Laundry List of Complaints

August 18, 2016 No Comments

The Georgia Court of Appeals upheld a Cobb County woman’s conviction for child cruelty, sexual exploitation, and aggravated sodomy after reviewing numerous complaints she raised against her trial proceedings.

The defendant argued that her motion in limine was wrongly denied, her trial attorney performed poorly, and juror misconduct warranted a mistrial. However, the Appeals Court determined that each issue was properly handled under Georgia law.

Smyrna and Cobb County Police Departments Seeking Upgrades

August 18, 2016 No Comments

The Smyrna and Cobb County Police Departments are investing in new technology to improve safety, transparency, and accountability across their communities.

The Smyrna Police Department was awarded the Edward Byrne Memorial Justice Assistance Grant, allowing it to replace aging equipment and upgrade forensic tools and identification software. These enhancements will help officers connect evidence to suspects more effectively, supporting faster and more accurate investigations.