Recusal of Prosecutor Weighed by Appeals Court of Georgia
A defendant in a Cobb State Court trial objected to the solicitor general recusing himself from the case, claiming that no conflict of interest existed and that he “recused himself without a hearing or the defendant’s consent.” The trial court granted her motion to disallow his recusal. Georgia’s Court of Appeals reviewed the case during […]
Georgia’s Appeals Court Explains Recidivist Sentencing
Cobb Superior Court found a defendant guilty of armed robbery and denied him his motion for a new trial. The defendant believed that the trial court mistakenly allowed the prosecution to use recorded phone calls he made while in jail against him and incorrectly sentenced him as a recidivist. The defendant also found fault with […]
Timeliness of Jury Oath Paves Way for New Trial
Prior to a jury deliberating a case, its members must listen to and swear by an oath as dictated by O.C.G.A. § 15-12-139. The oath requires that jurors provide a verdict according to the evidence presented during trial, a reminder that they should let the facts dictate the outcome. In a case before Cobb State […]
Georgia’s Supreme Court Denies Immunity to Doctor Who Overrode Advance Directive
A plaintiff in a medical malpractice suit contended that a hospital and doctor were negligent in following her grandmother’s advance directive when the doctor intubated her 91-year-old grandmother and placed her on mechanical ventilation. The plaintiff, who is also the designated health care agent, claimed that these procedures “prolonged her life when she was in […]
Appeals Court Sees Through Convicted Burglar’s Attempt to Cloak Actions as Seeking Shelter
Fulton Superior Court found a defendant guilty of burglary, but he appealed, explaining that the evidence didn’t support his conviction. He broke a porch door on the back of the victim’s residence and was removing the hinges of the door leading into the house when an officer arrested him under O.C.G.A. § 16-7-1, burglary. Georgia’s […]
Georgia’s Child Hearsay Statute Prevents Trial Counsel from Objecting
Gwinnett Superior Court convicted a defendant of two counts of aggravated child molestation, aggravated sexual battery, and three counts of child molestation. The defendant appealed, believing that the evidence was not sufficient in supporting the convictions and that his trial counsel was not adequate. Georgia’s Court of Appeals sifted through the evidence and determined that […]
Motion to Suppress Evidence
Proper Traffic Stop Upends Motion to Suppress Evidence Cobb Superior Court convicted a defendant of trafficking in methamphetamine, driving without a license, giving false information to a law enforcement officer, and obstruction of an officer. The defendant filed a motion to suppress evidence, believing that the evidence was unlawfully obtained; however, the trial court denied […]
Cobb County Police Department Take Suggestions from Their Communities
According to an article in the Marietta Daily Journal, the Cobb County Police Department recently met with the public it serves to allow the community’s input on policing expectations. They held a session at South Cobb High School and another in east Cobb. At the south Cobb meeting, a concerned citizen expressed her gratitude to […]
Laundry List of Complaints
Georgia Appeals Court Reviews Laundry List of Complaints from Cobb County Defendant Cobb Superior Court convicted a defendant for sexual exploitation of children, aggravated sodomy, child molestation, and cruelty to children in the first degree. She appealed, complaining that the trial court refused her motion in limine to exclude similar issues from her childhood. The […]
Smyrna and Cobb County Police Departments Seeking Upgrades
The Smyrna Police Department received the Edward Byrne Memorial Justice Assistance Grant, enabling them to replace some equipment. They will be soon upgrading some forensic tools and identification software. These items will potentially allow them to connect crimes to perpetrators more easily. The Cobb County Police Department is budgeting for more body cameras. Upon approval, […]
