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Georgia’s Court of Appeals Explains Exceptions to Rape Shield Statute

July 6, 2016 No Comments

The Georgia Court of Appeals recently clarified how the Rape Shield Statute applies to false allegations in sexual assault and child molestation cases.

Randy Morgan, Jr. was convicted in Evans County Superior Court of child molestation involving his stepdaughter. He appealed, arguing that her prior false allegation should have been admitted as evidence under one of the statute’s exceptions.

Corroboration is the Difference between Misdemeanor and Felony

June 29, 2016 No Comments

The Georgia Court of Appeals recently clarified when corroborating evidence is required in criminal cases.

After being convicted in Whitfield Superior Court of misdemeanor theft by taking, Robert Heatherly Jr. appealed, claiming his accomplice’s testimony was insufficient without additional proof. However, the Court ruled that corroboration applies only to felony cases, not misdemeanors.

The Court of Appeals Defines Implied Consent in DUI Case

June 29, 2016 No Comments

The Georgia Court of Appeals recently clarified how implied consent applies in DUI cases, reinforcing the importance of voluntary and informed agreement.

In Chatham County, Jessica Reid was stopped by Georgia State Troopers for suspected DUI and consented to a blood test after being read Georgia’s implied consent notice. She later filed a Motion to Suppress, claiming she only agreed out of fear of losing her driver’s license.

Georgia Court of Appeals That Conditional Statements Don’t Impact the Determination of Terroristic Threats

June 28, 2016 No Comments

The Georgia Court of Appeals recently affirmed a Cobb County conviction for terroristic threats, clarifying how conditional language affects the legal definition of a threat.

After being evicted from his apartment, Kahlem Looney threatened to kill the leasing staff if he didn’t receive his belongings within 24 hours. He argued that his statement was conditional and therefore not a true threat under Georgia law.

Judge’s Comments in Child Molestation Case Prompt Appeals Court to Reverse Charges

June 27, 2016 No Comments

The Georgia Court of Appeals has ordered a new trial in a Columbia County child molestation case after finding that the trial judge’s comments may have improperly influenced the jury.

During the trial of Faron Alday, who faced two counts of child molestation involving his granddaughter, the judge questioned a forensic interviewer in a way that appeared to support the State’s credibility. The Court ruled this violated O.C.G.A. § 17-8-57, which restricts judges from expressing opinions that may sway jurors.

Georgia Appeals Court Provides Instruction on Sentencing a Repeat Offender

June 27, 2016 No Comments

The Georgia Court of Appeals recently clarified how trial courts should apply sentencing guidelines for repeat offenders under O.C.G.A. § 17-10-7.

In Chattooga County, Richard Becker was convicted of possession of methamphetamine and obstruction of an officer. The trial court sentenced him to the maximum penalty, citing Georgia’s repeat offender statute.

Georgia Court of Appeals Involved When Domestic Dispute Turns Violent

June 23, 2016 No Comments

The Georgia Court of Appeals has upheld the conviction of Tony Robinson, who was found guilty in Clayton County after a domestic dispute turned violent. Robinson threw a concrete slab through his girlfriend’s windshield while her young son was inside the car, claiming he acted in self-defense.

The trial court found insufficient evidence to support his self-defense claim, citing testimony from the victim and her son that she never attempted to hit him with her car. The Court of Appeals affirmed the conviction, agreeing that “credibility issues” are the jury’s responsibility and that evidence of Robinson’s prior legal troubles was properly admitted.

Georgia Trial Court Errs in Convicting Driver of Driving without License

June 21, 2016 No Comments

The Georgia Court of Appeals overturned the conviction of Kevin A. Williams, who had been wrongly found guilty of driving without a license in DeKalb County.

Mr. Williams was stopped for speeding, but the trial court misapplied Georgia’s licensing laws, confusing O.C.G.A. § 40-5-20 with O.C.G.A. § 40-5-121, which governs suspended licenses. The Court of Appeals found that the trial court failed to inform Williams of the risks of self-representation and allowed hearsay evidence to be admitted without objection.

Georgia’s Supreme Court Upheld Accused Murderer’s Right to Counsel

June 21, 2016 No Comments

The Supreme Court of Georgia reaffirmed a defendant’s constitutional right to counsel in a recent ruling involving Brandon Philpot, who was accused of murder and aggravated assault.

During police interrogation, Mr. Philpot requested his attorney, but officers continued questioning him despite his clear statements to contact his lawyer. Fulton Superior Court suppressed his confession, determining that the interrogation violated his rights.

Georgia’s Supreme Court Determines Merger of Assault and Battery

June 17, 2016 No Comments

The Supreme Court of Georgia recently clarified when aggravated assault and aggravated battery charges should merge under state law.

In this case, Steven Regent was convicted in Fulton County of both charges after attacking his girlfriend with a knife. The Georgia Court of Appeals initially upheld the conviction, but the Supreme Court determined that both offenses arose from the same act and should be merged under O.C.G.A. § 16-1-6 (2).