Georgia’s Court of Appeals Explains Exceptions to Rape Shield Statute
Evans County Superior Court convicted Randy Morgan, Jr. of child molestation against his stepdaughter. She had made this allegation previously, but her claim was deemed false. Mr. Morgan expected that information to be used as evidence in his case but was denied under the Rape Shield Statute that prohibits the admission of the complainant’s past […]
Corroboration is the Difference between Misdemeanor and Felony
Whitfield Superior Court convicted Robert Heatherly Jr. of misdemeanor theft by taking. Mr. Heatherly filed a motion for a new trial on the basis that his accomplice testified without supplying corroborating evidence, but the trial court denied his motion. The Georgia Court of Appeals reviewed the case and agreed with the trial court. Because the […]
The Court of Appeals Defines Implied Consent in DUI Case
Georgia State Troopers suspected that Jessica Reid was driving under the influence (DUI) and stopped her. She consented verbally to a blood test and provided written consent that she understood the purpose of the test. During her trial, Ms. Reid filed a Motion to Suppress those results, feeling threatened that she would lose her driver’s […]
Georgia Court of Appeals That Conditional Statements Don’t Impact the Determination of Terroristic Threats
After being evicted from his apartment, Kahlem Looney threatened the apartment leasing facilitator and staff with death, demanding to know where his personal property was located. Cobb Superior Court convicted Mr. Looney of making terroristic threats, but the defendant appealed. The Court of Appeals reviewed Mr. Looney’s case and his argument that, because his threats […]
Judge’s Comments in Child Molestation Case Prompt Appeals Court to Reverse Charges
Columbia Superior Court heard the case of Faron Alday involving two counts of child molestation against his granddaughter. The jury listened as the judge questioned the forensic interviewer during Mr. Alday’s attorney’s cross-examination. The judge’s comments led Mr. Alday to believe that his case was not being treated fairly. Georgia’s Court of Appeals reviewed Mr. […]
Georgia Appeals Court Provides Instruction on Sentencing a Repeat Offender
Chattooga Superior Court found Richard Becker guilty of possession of methamphetamine and obstruction of an officer, sentencing him to the maximum penalty for possession. The trial court used the sentencing guidelines found in O.C.G.A. § 17-10-7 (a) and (c) since the statute pertains to repeat offenders. The Georgia Court of Appeals supported the trial court’s […]
Georgia Court of Appeals Involved When Domestic Dispute Turns Violent
During a domestic dispute, Tony Robinson heaved a concrete slab through the windshield of his girlfriend’s car while her son was in the back seat. Mr. Robinson justified his behavior by claiming that his girlfriend was attempting to run him over and his action was one of self-defense. The victim stated that Mr. Robinson was […]
Georgia Trial Court Errs in Convicting Driver of Driving without License
An officer stopped Kevin A. Williams for speeding and subsequently determined that he was unable to drive in the state of Georgia. The officer cited him for driving without a license, and Mr. Williams elected to argue the ticket in DeKalb County’s former Recorder’s Court. The court fined him, sentenced him to jail and probation. […]
Georgia’s Supreme Court Upheld Accused Murderer’s Right to Counsel
The police interrogated Brandon Philpot, during which Mr. Philpot made a vague request for his attorney by asking if the officers would like the attorney’s phone number. As the questioning continued, Mr. Philpot more directly addressed the issue of his lawyer by telling the officers to contact him or contact him through Mr. Philpot’s girlfriend. […]
Georgia’s Supreme Court Determines Merger of Assault and Battery
Fulton Superior Court convicted Steven Regent of one count each of aggravated assault and aggravated battery, during which the defendant straddled his girlfriend and cut her throat with a knife while she fought against him, prompting him to slash her throat again. The Court of Appeals agreed with the trial court’s decision. The Supreme Court […]
