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Knowing is not Part of Voluntary Consent

July 18, 2016 No Comments

The Georgia Court of Appeals clarified how voluntary consent applies in DUI breath test cases, reversing a Gwinnett State Court decision.

The defendant had been charged with DUI – less safe, DUI unlawful alcohol concentration, and following too closely after an accident. The trial court granted his motion to suppress evidence, ruling that his limited understanding of English meant he did not provide “actual, knowing, and voluntary consent” for the breathalyzer test.

Trial Court Errors but Defendant Still Convicted

July 18, 2016 No Comments

The Georgia Supreme Court upheld a felony murder conviction despite the defendant’s claims of trial error and insufficient evidence.

The defendant, convicted in Dougherty County, argued that the jury charge was flawed and that the testimony against him—provided by an alleged accomplice—was unreliable. While the Court acknowledged a minor error in the jury instructions, it found enough independent evidence to support the verdict.

Failed Jury Charge Gives Defendant New Trial Opportunity

July 14, 2016 No Comments

The Georgia Supreme Court granted a new trial after finding that the jury instructions in a Fulton County murder case failed to properly explain the justification defense.

The defendant, convicted of malice murder, argued that the trial judge neglected to instruct jurors that prosecutors must prove beyond a reasonable doubt that the defendant’s actions were not justified. The Supreme Court agreed, ruling that the omission undermined the fairness of the trial.

Felon Faults Attorney for his Convictions

July 14, 2016 No Comments

The Georgia Court of Appeals upheld the conviction of a DeKalb County felon who claimed his defense attorney failed to properly object to a jury charge.

The defendant was convicted of criminal attempt to commit malice murder, aggravated assault on a police officer, and multiple firearm possession charges following a traffic stop that turned violent when he shot an officer after fleeing.

Georgia Appeals Court Explains How Trial Court Inadvertently Impacted Plea Negotiations

July 13, 2016 No Comments

The Georgia Court of Appeals reversed a Fulton County conviction after finding that the trial court improperly influenced plea negotiations.

The defendant had pleaded guilty to burglary, possession of tools for a crime, and obstruction of a law enforcement officer. During plea discussions, the judge warned the defendant that if convicted at trial, he would “serve every day of a 20-year sentence,” implying that probation or suspension would not be available.

Appeals Court Wades Through Defendant’s Complaints of Trial Court’s Alleged Abuses

July 12, 2016 No Comments

The Georgia Court of Appeals upheld a Forsyth County DUI conviction after the defendant claimed that the trial court abused its discretion during proceedings.

The defendant was convicted of DUI per se, DUI less safe, and failure to maintain lane. During trial, he alleged that the judge commented on his expert witness’s credibility, limited his testimony, and wrongly denied a mistrial.

On review, the Appeals Court ruled that the trial court’s comments were made within the context of evaluating the expert’s qualifications. It also agreed that limiting the testimony was proper because the expert ventured outside his certified area of expertise.

Georgia’s Supreme Court Determines Effectiveness of Trial Counsel

July 12, 2016 No Comments

The Georgia Supreme Court upheld the Randolph County conviction of a defendant found guilty of murder, aggravated assault, and child cruelty.

The defendant argued that his trial counsel was ineffective, claiming his attorney failed to secure an expert witness for an insanity defense and neglected to suppress incriminating hospital statements.

Georgia Appeals Court Determines Sufficient Probable Cause for Search Warrant

July 12, 2016 No Comments

The Georgia Court of Appeals upheld the Bartow County conviction of Tyrone Johnson, who was found guilty of trafficking in cocaine and possession with intent to distribute.

Johnson argued that the search warrant affidavit lacked sufficient information to prove a confidential informant’s reliability and credibility. The trial court denied his motion to suppress the evidence, leading to an appeal.

Perpetrator’s Confessions Must Still Be Corroborated by Evidence

July 12, 2016 No Comments

The Georgia Court of Appeals affirmed the DeKalb County conviction of Santonio Spratlin, who confessed to robbing a gas station where he was a frequent customer.

Spratlin appealed, arguing that his confession should have been corroborated by additional evidence under O.C.G.A. § 24-8-823, which requires proof beyond a defendant’s own admission.

Court of Appeals Explains Eluding an Officer

July 11, 2016 No Comments

The Georgia Court of Appeals affirmed the Chatham County conviction of Charles Sapp, who was found guilty of fleeing or attempting to elude a police officer.

The case began when officers observed Sapp leaving the scene of a knife fight and later attempting to evade police as a passenger in a van. When the driver refused to stop, Sapp exited the vehicle, ignored the officer’s commands to halt, and charged toward him before being subdued with a taser.