Georgia’s Supreme Court Weighs Factors of Effective Counsel
Gwinnett Superior Court convicted a defendant of malice murder, burglary, aggravated assault, possession of a firearm during the commission of a felony, and possession of a firearm by a convicted felon. The defendant filed a motion for a new trial because he felt that his attorney was ineffectual, but the trial court denied his motion. […]
Georgia’s Appeal Court Shows How Rape and Incest Cannot Be Merged
Dougherty Superior Court convicted a defendant on aggravated child molestation, rape, incest, and two counts of sexual battery against his daughter. The defendant appealed, believing that his rape and incest convictions should have been merged for the sake of sentencing. Georgia’s Court of Appeals reviewed his case and determined that the evidence supported each of […]
Lack of Corroboration Frees Alleged Murderer
Fulton Superior Court convicted a defendant of murder and possession of a firearm during the commission of a felony, but the defendant noted a flaw in the court’s jury charge. Georgia’s Supreme Court examined the instructions given to the jury and saw that the trial court explained to the jury “that particular facts could be […]
Georgia’s Appeals Court Explains When Detention on a Boat Constitutes Miranda Protection
Hall State Court found a defendant guilty of operating a moving vessel under the influence of alcohol (boating under the influence or BUI) and three counts of endangering a child by operating a moving vessel under the influence of alcohol. The defendant filed a Motion to Suppress Evidence of the field sobriety tests, but the […]
Evidence Stacks Against Murderer
Evidence Stacks Against Murderer’s Unindicted Conspiracy Charge Clarke Superior Court convicted a defendant of felony murder and crimes related to a series of burglaries, but the defendant appealed, believing that the evidence was lacking in one burglary charge and that the court mistakenly charged him with conspiracy to burgle. Georgia’s Court of Appeals reviewed his […]
New Trial on General Grounds Denied
DeKalb Superior Court found a defendant guilty of murder with malice aforethought, unlawful possession of a firearm by a first-offender probationer, and unlawful possession of a firearm during the commission of a felony. The defendant filed for a new trial on general grounds, believing that the evidence did not support the verdict. The judge denied […]
Proving Intent is not a Requirement in Felony Murder
Liberty Superior Court convicted a defendant of felony murder involving the death of his 7-month-old child. The defendant explained that, in shaking his baby, he was hoping to dislodge some mucous. He appealed, complaining that the State did not show that “he used his hands offensively and intentionally to kill his daughter.” Georgia’s Supreme Court […]
Georgia Court of Appeals Defines Meaning of Party to a Crime
Hart Superior Court convicted a defendant of aggravated assault and three counts of felony obstruction. While the police were arresting the defendant, his grandfather fired a single shot near the officers, but because the defendant did not actually use the weapon, he appealed the aggravated assault charge. Georgia’s Court of Appeals reviewed the defendant’s claims […]
Georgia Appeals Court Defines Defacement of Government Property
Coweta Superior Court convicted a defendant of three counts of making terroristic threats and one count of interference with government property that arose from several confrontations with Coweta County jail detention officers. The defendant believed that the evidence was insufficient to support the convictions because he claimed that the detention officers initiated the conflicts. He […]
Overwhelming Evidence Negates Trial Court Error in DUI Case
DeKalb State Court convicted a defendant of driving under the influence (DUI) – less safe, failure to maintain lane, and improper turn at an intersection arising out of an automobile accident during which she hit another car while making a right turn. The other driver reported to 911, “I just got hit. This lady just […]
