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Georgia’s Supreme Court Weighs Factors of Effective Counsel

July 21, 2016 No Comments

The Supreme Court of Georgia reviewed a Gwinnett County murder case involving claims of ineffective assistance of counsel. The defendant, convicted of malice murder, burglary, and multiple firearm charges, sought a new trial, alleging that his attorney’s performance had compromised his defense.

The Court found no evidence supporting the defendant’s claims. The justices ruled that the trial attorney’s strategic decisions, including his approach to witness testimony and handling of procedural issues, were reasonable and did not constitute ineffective representation.

Georgia’s Appeal Court Shows How Rape and Incest Cannot Be Merged

July 21, 2016 No Comments

The Georgia Court of Appeals has clarified that rape and incest convictions cannot be merged during sentencing because the crimes involve different legal elements.

The case stemmed from a Dougherty County trial in which a defendant was convicted of rape, incest, aggravated child molestation, and sexual battery against his daughter. On appeal, the defendant argued that his rape and incest convictions should have been combined for sentencing.

Lack of Corroboration Frees Alleged Murderer

July 21, 2016 No Comments

The Georgia Supreme Court overturned a Fulton County murder conviction after determining that the trial court failed to apply the state’s corroboration rule for accomplice testimony.

The defendant was originally convicted of murder and possession of a firearm during the commission of a felony, but his appeal revealed a key flaw in the court’s jury instructions. The trial judge told jurors that “particular facts could be established based on the testimony of a single witness.” However, under former O.C.G.A. § 24-4-8, when a witness is an accomplice, their testimony must be corroborated by additional evidence.

Georgia’s Appeals Court Explains When Detention on a Boat Constitutes Miranda Protection

July 21, 2016 No Comments

The Georgia Court of Appeals clarified when Miranda rights apply during boating under the influence (BUI) investigations.

A Hall County man was convicted of BUI and child endangerment after a Georgia Department of Natural Resources officer stopped his vessel for navigation light violations and observed signs of intoxication. The defendant argued that his field sobriety tests should be suppressed because he had not been read his Miranda rights before being detained.

Evidence Stacks Against Murderer

July 21, 2016 No Comments

The Georgia Court of Appeals upheld the felony murder and burglary convictions of a defendant in Clarke County, rejecting claims of insufficient evidence and improper conspiracy charges.

The defendant argued that the trial court erred by allowing a conspiracy to burgle charge that wasn’t listed in the original indictment. However, the Appeals Court found that the evidence — including the defendant’s own statements, matching shoe prints, and a stolen gun later used in a murder — supported the convictions.

New Trial on General Grounds Denied

July 21, 2016 No Comments

The Georgia Supreme Court upheld a DeKalb County murder conviction, rejecting a defendant’s request for a new trial on general grounds.

The defendant, found guilty of malice murder and firearm possession by a first-offender probationer, claimed that the evidence did not support the verdict. However, the Court ruled that the trial judge acted within the law, determining that the evidence sufficiently supported the conviction and that the defendant received a fair trial.

Proving Intent is not a Requirement in Felony Murder

July 18, 2016 No Comments

The Georgia Supreme Court reaffirmed that proving intent to kill is not required for a felony murder conviction.

A Liberty County man was convicted of felony murder in the tragic death of his seven-month-old daughter after shaking her in an attempt to clear mucus. The defendant argued that the prosecution failed to prove he intended to kill his child, but the Court explained that under Georgia law, the intent element applies to the underlying felony, not to the killing itself.

Georgia Court of Appeals Defines Meaning of Party to a Crime

July 18, 2016 No Comments

The Georgia Court of Appeals clarified what it means to be a party to a crime, overturning an aggravated assault conviction in a Hart County case.

The defendant had been convicted of aggravated assault and three counts of felony obstruction after his grandfather fired a gun near police officers during the defendant’s arrest. The defendant appealed, arguing that he did not use or encourage the use of a weapon.

Georgia Appeals Court Defines Defacement of Government Property

July 18, 2016 No Comments

The Georgia Court of Appeals provided new insight into what qualifies as defacement of government property, affirming a conviction from Coweta County.

The defendant, convicted of making terroristic threats and interfering with government property, argued that the evidence did not support his convictions. He claimed that detention officers provoked the incidents and that his threats were conditional and made while restrained. He also argued that because he cleaned his fecal material from his cell and a security camera, the property wasn’t permanently damaged.

Overwhelming Evidence Negates Trial Court Error in DUI Case

July 18, 2016 No Comments

The Georgia Court of Appeals upheld a DUI conviction despite the defendant’s claim that a 911 recording violated her right to confront the witness.

The case stemmed from an accident in DeKalb County, where the defendant hit another vehicle while making a right turn. The other driver’s 911 call — “I just got hit. This lady just ran into my car” — was used as evidence during trial. The defense objected, arguing that the statement was “testimonial in nature” and that the State failed to present the driver as a witness.