Legal News- Marietta Attorneys Dean Phillips Law Office

Georgia’s Appeals Court Explains Double Jeopardy

November 8, 2016 No Comments

A Cherokee County DUI case prompted the Georgia Court of Appeals to clarify how double jeopardy laws apply when multiple charges stem from a single incident. The defendant argued that paying a seat belt fine barred further prosecution for DUI and related offenses. However, the Court ruled that because each charge had a separate case number, prosecutors were not aware of the other citation — meaning double jeopardy did not apply. The decision reinforces how Georgia courts interpret procedural double jeopardy and the importance of legal counsel in defending against multiple criminal charges in Cobb, Bartow, and Paulding County.

New York Attorney General Tells Georgians to Keep Their Guns to Themselves

November 7, 2016 No Comments

A recent report revealed that over 2,800 guns used in New York crimes were purchased in Georgia, prompting calls for tougher federal gun control laws. New York’s attorney general argues that Georgia’s relaxed firearm policies undermine stricter laws in other states, while Georgians defend their Second Amendment rights and open carry laws. The debate underscores how gun legislation differs across states and highlights the importance of understanding Georgia’s firearm regulations, especially for residents in Cobb, Bartow, and Paulding Counties.

Ross Harris Trial

November 2, 2016 No Comments

The Ross Harris trial became one of Georgia’s most publicized criminal cases, centering on the tragic 2014 death of Harris’s 22-month-old son. Over weeks of testimony, Cobb County prosecutors and the defense argued whether the incident was a terrible mistake or a deliberate act. Jurors reviewed video footage, car evidence, and emotional testimony before ultimately convicting Harris on eight charges, including malice murder and cruelty to children. His defense attorney plans to appeal, citing trial errors and inconsistent testimony. The case remains a defining moment in Cobb County’s criminal justice system.

Georgia Carry Fights for License Holders Rights in Court

November 1, 2016 No Comments

In 2015, the Georgia Carry Organization (GCO) took legal action against the Georgia Code Revision Committee after the group failed to include key gun rights provisions from House Bill 826 in the official state code. The case centered on whether Georgia Weapons Carry License (GWCL) holders could legally possess weapons on school grounds under certain conditions. Although the Supreme Court of Georgia ultimately ruled against the GCO, the case emphasized ongoing debates over gun rights, legislative authority, and due process in Georgia. This ruling remains an important milestone in understanding firearms law and constitutional interpretation for Georgia residents and license holders.

Georgia Appeals Court Denies Defendant’s Motions to Suppress in DUI Arrest

October 31, 2016 No Comments

The Georgia Court of Appeals recently upheld a Cherokee County DUI conviction, rejecting a defendant’s attempt to suppress statements and blood test evidence. The man crashed into a gated entrance at his girlfriend’s apartment complex and later admitted to drinking and driving. His motions to suppress—claiming lack of Miranda warnings and involuntary consent to a blood-alcohol test—were both denied. The Court ruled that he wasn’t in custody when first questioned and had freely consented to testing, reinforcing how Georgia courts handle DUI suppression motions and evidence admissibility.

Protective Orders Limiting Parental Visitation

October 31, 2016 No Comments

The Georgia Court of Appeals recently clarified the limits of protective orders in cases involving parental visitation rights. A Paulding County father appealed a ruling that restricted contact with his children after his wife obtained a protective order. While the Appeals Court upheld the trial court’s decision not to dismiss the order, it ruled that judges cannot permanently block visitation rights under such orders. This decision underscores the balance between family safety and parental rights in Georgia’s legal system.

Defendant’s Battered Person Syndrome

October 25, 2016 No Comments

The Georgia Court of Appeals has granted a new trial for a woman convicted of aggravated assault in Cobb County after determining her defense attorney failed to introduce evidence of Battered Person Syndrome (BPS). The Court noted that expert testimony could have supported her justification defense and helped the jury understand her response to years of abuse. The ruling underscores how effective legal counsel and awareness of trauma-based defenses can significantly impact the outcome of criminal cases in Georgia.

Search Warrants Obtained with Confidential Informants

October 24, 2016 No Comments

The Georgia Court of Appeals reversed a Cobb Superior Court ruling after finding that police failed to properly vet a confidential informant before obtaining a search warrant. The defendant, charged with trafficking methamphetamine, filed a motion to suppress evidence, arguing the warrant was based on unreliable information. The Court agreed, noting that the police did not corroborate the informant’s claims or establish credibility, making the search unconstitutional under Georgia law. This case highlights the importance of probable cause and informant verification in Georgia criminal cases.

Former Republican Party Chairman Charged with Child Molestation

October 19, 2016 No Comments

A former Cobb County Republican Party chairman has been charged with child molestation involving two boys, according to police reports. The allegations span multiple years and locations, including a local church. The defendant, who remains jailed without bond, entered a not guilty plea during his arraignment before a Cobb Superior Court judge. Legal experts note that such charges can lead to significant penalties and complex pretrial motions. This case underscores the importance of legal representation and understanding the criminal justice process in Georgia’s courts.

Cobb Superior Court Denies Termination of Trust

October 18, 2016 No Comments

The Georgia Court of Appeals reversed a Cobb Superior Court decision after determining that the conditions of a family living trust had been fulfilled. The case centered on a man’s request to terminate his late mother’s trust, which the trustee initially refused. The Court found that the trust’s termination conditions were satisfied when the youngest beneficiary reached the specified age of 27, allowing for the trust’s closure. This ruling emphasizes the importance of clear trust language and demonstrates how Georgia appellate courts interpret estate and probate disputes.