Dean Phillips - Marietta Attorneys Dean Phillips Law Office

You Have the Right to Remain Silento?

August 18, 2016 No Comments

The Miranda rights—a cornerstone of American criminal law—are designed to protect individuals during police questioning. But what happens when they’re mistranslated?

The American Bar Association’s Special Committee on Hispanic Legal Rights is addressing this issue by standardizing the Spanish translation of Miranda rights. Currently, many officers rely on their limited Spanish skills or unqualified translators, often leading to errors that can dramatically affect court outcomes.

Two Teenaged Gang Members Shoot Marietta Police Officer

August 18, 2016 No Comments

Two teenagers are facing serious felony charges after allegedly shooting a Marietta Police officer responding to a vehicle break-in call. The Marietta Daily Journal reports that the incident occurred before dawn at a local apartment complex, where three officers confronted the suspects.

Police say the teens, believed to be members of the Bloods gang, fired at officers, injuring a ten-year department veteran in the leg. One suspect was also injured during the exchange. Both 15-year-olds were arrested and now face multiple felony counts, including aggravated assault on a police officer, firearm possession, theft by receiving, and violation of Georgia’s Street Gang Terrorism and Prevention Act.

Marietta Police Department Welcomes Your Input

August 15, 2016 No Comments

The Marietta Police Department is encouraging open communication with the community in an effort to strengthen trust and transparency between citizens and law enforcement.

A public forum will take place Wednesday, August 17th, at 6:30 PM in the Marietta Council Chamber at City Hall. Officers will be present to answer questions, listen to concerns, and address issues directly from residents.

Boundaries for Campus Police Jurisdiction

August 8, 2016 No Comments

The Supreme Court of Georgia recently clarified the limits of campus police authority in DUI and traffic-related arrests. The ruling arose from a Cobb County State Court case, where a Kennesaw State University police officer arrested a driver off campus for DUI, failing to maintain lane, and operating without headlights.

Georgia’s Civil Forfeiture Statute Costs a Defendant Over $12,000.00

August 8, 2016 No Comments

A Cobb County defendant lost over $12,000 and personal property after a police search led to the seizure of cash near alleged drug evidence. The funds were condemned under Georgia’s Civil Forfeiture Statute (O.C.G.A. § 16-13-49), which allows the state to confiscate assets linked to suspected criminal activity.

Qualifications of Expert Witness

August 1, 2016 No Comments

The Supreme Court of Georgia recently clarified the qualifications required for expert witnesses in medical malpractice cases.

The case originated in DeKalb Superior Court, where the trial judge dismissed a lawsuit after ruling that the expert witness did not meet the requirements of O.C.G.A. § 9-11-9.1(a). The Court of Appeals upheld that decision, but the Georgia Supreme Court found procedural errors and returned the case to the lower court for reconsideration.

Eyewitness Credibility Questioned by Defendant in Hijacking Case

August 1, 2016 No Comments

The Georgia Court of Appeals recently upheld the conviction of a defendant found guilty of hijacking a motor vehicle and aggravated assault in Rockdale County.

The defendant argued that eyewitness testimony was unreliable because the victims’ encounter was brief, occurred in a dark setting, and their identification was based only on race and clothing. The Court noted that credibility determinations rest with the jury, which chose to believe the witnesses’ account.

Time Taken for Drug-Sniffing Dog Not Enough to Block Motion to Suppress

August 1, 2016 No Comments

The Supreme Court of Georgia ruled that a drug-sniffing dog’s involvement in a traffic stop did not violate the defendants’ Fourth Amendment rights, reversing earlier decisions from the trial and appellate courts.

The case began after police stopped two men for a lane change violation. During a routine identity check, the officer’s K-9 unit detected drugs, leading to the discovery of nearly ten pounds of marijuana. The defendants argued that the stop was unlawfully prolonged while waiting for dispatch to verify an out-of-state license.

Evidence Supports Convictions in Spite of Defendant’s Protestations against Trial Court Procedures

July 21, 2016 No Comments

The Supreme Court of Georgia upheld a malice murder conviction in a Chatham County case involving a defendant accused of beating his wife to death. The defendant appealed, arguing that the trial court made multiple procedural errors.

The Georgia Supreme Court ruled that the evidence of prior domestic violence was properly admitted under the new Evidence Code, which allows for testimony on prior acts to establish a pattern of behavior. The Court also addressed the use of residual hearsay, finding that any potential error in admitting it did not harm the fairness of the trial.

Georgia’s Appeals Court Determines How the Role of a Tipster Transitioned into Participant-Informer

July 21, 2016 No Comments

The Georgia Court of Appeals ruled that a confidential informant involved in a drug trafficking investigation was a participant-informer, not a mere tipster, affirming the trial court’s decision to keep his identity private.

The case involved a Hall County defendant convicted of possession of cocaine with intent to distribute, criminal attempt to sell cocaine, and use of a communication facility in a felony. The defendant appealed, arguing that the State should have been required to reveal the informant’s identity due to his active involvement in the undercover operation.