Georgia Appeals Court Denies Defendant’s Motions to Suppress in DUI Arrest
Cherokee County State Court convicted a defendant for driving under the influence (DUI) per se arising from an accident in which he collided with an apartment complex’s vehicle gate and left the scene. The defendant’s girlfriend and resident of the apartment complex then spoke to the responding officer, mentioning that the defendant had imbibed at […]
Protective Orders Limiting Parental Visitation
The Paulding County Superior Court denied a defendant’s request to set aside a protective order that his wife had issued against him, claiming that the order prevented him from visiting his four children. The trial court also refused to modify the order so that, in accordance with his already established visitation rights, he could see […]
Defendant’s Battered Person Syndrome
Appeals Court Grants New Trial Because Defense Counsel Did Not Address Defendant’s Battered Person Syndrome Battered Person Syndrome is a form of post-traumatic stress disorder in which a person who has been subjected to chronic abuse believes that, among other things, she deserves it. She will often become submissive and apologetic to her abuser until […]
Search Warrants Obtained with Confidential Informants
Police obtained a warrant to search a residence after receiving a tip from a confidential informant. The search led to a charge of trafficking methamphetamine and other crimes against a defendant, which prompted her to file a motion to suppress evidence in Cobb Superior Court. The court denied the motion, and the defendant appealed, believing […]
Former Republican Party Chairman Charged with Child Molestation
Cobb County police arrested a former Republican Party chairman on child molestation charges against two boys, the first allegation occurring between 2004 and 2006. During this particular incident, the former chairman is accused of taking one of the boys in a department store for a sexual act. This boy was involved in another alleged occurrence […]
Cobb Superior Court Denies Termination of Trust
A man requested that an attorney, the trustee of his deceased mother’s trust, terminate the trust. The attorney refused and the man sought immediate action against him, but Cobb Superior Court supported the attorney and denied the termination. The man appealed, believing that the trial court did not properly examine the evidence. Georgia’s Court of […]
Treatment Instead of Incarceration
A mother’s loss spurs her to save others from her tragedy The co-founder and executive director of the Davis Direction Foundation attended the ribbon-cutting ceremony for The Zone recently. The Marietta Daily Journal reported that Cobb County’s District Attorney and Attorney General appeared at the opening with about 100 supporters. The Zone is “the culmination […]
Georgia’s Supreme Court Reviews Child Custody Case
Cobb County Superior Court granted custody of three children to their maternal grandparents, but Georgia’s Court of Appeals reversed that decision, returning the children to their mother. The Court examined the evidence and felt that the mother “had a stable job and living environment, had completed substance abuse treatment and passed drug tests, had and […]
Surveillance: Orwellian Situation or Acceptable Means
A Cobb County jury will potentially decide if placing a GPS tracking device on a woman’s car is an invasion of privacy or an acceptable means employed by a private detective to determine if she was having an affair. Apparently, Georgia has no laws governing this specific issue. The Loganville mother of three filed a […]
When Is a Robbery Attempt Not a Robbery Attempt?
Cherokee Superior Court found a defendant guilty of armed robbery, but the defendant felt that the evidence did not support his conviction and appealed. Georgia’s Court of Appeals reviewed the evidence presented to the trial court and noted that the defendant visited a particular pharmacy on one occasion to ask an employee about the cost […]
