Police Dog Harmed by Fleeing Robber Has Day in Court
Chatham Superior Court found Devante Bynes guilty of armed robbery and harming a police dog, but Mr. Bynes appealed, claiming that the State did not prove that he knew the dog was employed by the police. He choked the dog into unconsciousness, stating that it was a matter of self-defense after the dog bit him. […]
Georgia Supreme Court Defines Hearsay in Prosecutor’s Indictment
The State entered into evidence a federal indictment “charging unrelated defendants with crimes and racketeering activities” into an instant case before DeKalb Superior Court. The group of defendants before the judge and jury already on trial faced multiple violations of the Street Gang Terrorism and Prevention Act and the Georgia Racketeer Influenced and Corrupt Organizations […]
Georgia Court of Appeals Defines Elements of Child Molestation
Jason Prophitt crawled beneath his house to ogle his daughter’s friend through a slot in the floor while she showered. While spying on the young woman, a minor at the time, Mr. Prophitt masturbated. Georgia’s Echols Superior Court found the man guilty of child molestation. The Court of Appeals disagreed with the trial court, determining […]
Motion to Suppress DUI Breathalyzer Results in a Georgia State Court
The State Court of Cherokee County allowed Scott Depol’s Motion to Suppress the results of his breathalyzer test, determining that the police had probable cause in arresting him for driving under the influence (DUI), but that Mr. Depol was incapable of consenting freely to the test. The trial court felt that Mr. Depol “was extremely […]
Admission of DUI Breathalyzer Results
Lisa Kendrick was pulled over by the police for suspicion of driving under the influence (DUI) and was asked if an officer could perform a breathalyzer test. She was informed of her right to consent or not to the test, and she chose to allow it. The police, according to the evidence presented in Ms. […]
Court of appeals strikes down motion defining arrest
Court of Appeals Strikes Down Motion to Suppress and Defines Articulable Suspicion Upon receiving a tip, a police officer visited Michael Williams at his home, but the officer’s information was not detailed enough to warrant more than a first-tier encounter. Mr. Williams fled the meeting after being notified that he was suspected in a theft. […]
