Knowing is not Part of Voluntary Consent
Gwinnett State Court allowed a defendant’s Motion to Suppress Evidence, citing that he did not provide “actual, knowing and voluntary consent” for a breathalyzer test because of his limited understanding of the English language. The defendant was charged with driving under the influence (DUI) – less safe, DUI unlawful alcohol concentration, and following too closely […]
Trial Court Errs but Defendant Still Convicted
Dougherty Superior Court convicted a defendant of felony murder and the unlawful possession of a firearm during the commission of a felony. The defendant appealed, believing that the jury charge was erroneous and that the evidence was insufficient in determining his guilt. Georgia’s Supreme Court reviewed the defendant’s claims and noted that the witness who […]
Failed Jury Charge Gives Defendant New Trial Opportunity
A defendant filed a motion for a new trial after being convicted of malice murder because he felt that Fulton Superior Court did not instruct the jury properly. The defendant requested in writing that the jury understand that the prosecution must prove beyond a reasonable doubt that the defendant’s actions were not justified. The defendant […]
Felon Faults Attorney for his Convictions
During a traffic stop, an officer requested the name and birth date of the defendant who then ran from the vehicle. The officer followed him and was shot. DeKalb Superior Court convicted the defendant of criminal attempt to commit malice murder, aggravated assault on a police officer, two counts of possession of a firearm during […]
Georgia Appeals Court Explains How Trial Court Inadvertently Impacted Plea Negotiations
A defendant pleaded guilty to burglary, possession of tools for the commission of a crime, and misdemeanor obstruction of a law enforcement officer. Fulton Superior Court convicted the defendant of these crimes, but during the trial, the court commented during the plea proceedings, which is a violation of superior court rules. The Georgia Court of […]
Appeals Court Wades Through Defendant’s Complaints of Trial Court’s Alleged Abuses
Forsyth State Court convicted the defendant of DUI per se, DUI less safe, and failure to maintain lane. During the trial, the defendant felt that the court commented on an expert witness’s credibility, limited the testimony presented by his expert witness, and unfairly refused to grant a mistrial. Georgia’s Court of Appeals reviewed the defendant’s […]
Georgia’s Supreme Court Determines Effectiveness of Trial Counsel
Randolph Superior Court convicted the defendant of murder, aggravated assault, third degree child cruelty, and related offenses when he shot his girlfriend to death as members of her family watched. The defendant felt that his counsel did not provide effective service during the trial, prompting Georgia’s Supreme Court to review the attorney’s performance. The Supreme […]
Georgia Appeals Court Determines Sufficient Probable Cause for Search Warrant
Bartow Superior Court convicted Tyrone Johnson of trafficking in cocaine and possession of cocaine with intent to distribute. Mr. Johnson filed a Motion to Suppress Evidence, believing that the accompanying affidavit to the search warrant did not provide “a confidential informant’s reliability and credibility.” The court denied his motion. Georgia’s Court of Appeals reviewed Mr. […]
Perpetrator’s Confessions Must Still Be Corroborated by Evidence
Santonio Spratlin confessed to robbing a gas station of which he was a frequent customer. DeKalb Superior Court convicted him of armed robbery, but Mr. Spratlin appealed, pointing out that his confession required corroboration by other evidence according to O.C.G.A. § 24-8-823. The Georgia Court of Appeals reviewed his case and noted that the victim […]
Court of Appeals Explains Eluding an Officer
An officer witnessed Charles Sapp get in the passenger seat of a van after leaving the scene of a knife fight in which another person and he were involved against another man. The officer tried to execute a traffic stop, but the driver fled. During the driver’s attempt at escaping, Mr. Sapp exited the vehicle […]
