Legal News- Marietta Attorneys Dean Phillips Law Office

Eyewitness Credibility Questioned by Defendant in Hijacking Case

August 1, 2016 No Comments

The Georgia Court of Appeals recently upheld the conviction of a defendant found guilty of hijacking a motor vehicle and aggravated assault in Rockdale County.

The defendant argued that eyewitness testimony was unreliable because the victims’ encounter was brief, occurred in a dark setting, and their identification was based only on race and clothing. The Court noted that credibility determinations rest with the jury, which chose to believe the witnesses’ account.

Time Taken for Drug-Sniffing Dog Not Enough to Block Motion to Suppress

August 1, 2016 No Comments

The Supreme Court of Georgia ruled that a drug-sniffing dog’s involvement in a traffic stop did not violate the defendants’ Fourth Amendment rights, reversing earlier decisions from the trial and appellate courts.

The case began after police stopped two men for a lane change violation. During a routine identity check, the officer’s K-9 unit detected drugs, leading to the discovery of nearly ten pounds of marijuana. The defendants argued that the stop was unlawfully prolonged while waiting for dispatch to verify an out-of-state license.

Evidence Supports Convictions in Spite of Defendant’s Protestations against Trial Court Procedures

July 21, 2016 No Comments

The Supreme Court of Georgia upheld a malice murder conviction in a Chatham County case involving a defendant accused of beating his wife to death. The defendant appealed, arguing that the trial court made multiple procedural errors.

The Georgia Supreme Court ruled that the evidence of prior domestic violence was properly admitted under the new Evidence Code, which allows for testimony on prior acts to establish a pattern of behavior. The Court also addressed the use of residual hearsay, finding that any potential error in admitting it did not harm the fairness of the trial.

Georgia’s Appeals Court Determines How the Role of a Tipster Transitioned into Participant-Informer

July 21, 2016 No Comments

The Georgia Court of Appeals ruled that a confidential informant involved in a drug trafficking investigation was a participant-informer, not a mere tipster, affirming the trial court’s decision to keep his identity private.

The case involved a Hall County defendant convicted of possession of cocaine with intent to distribute, criminal attempt to sell cocaine, and use of a communication facility in a felony. The defendant appealed, arguing that the State should have been required to reveal the informant’s identity due to his active involvement in the undercover operation.

Georgia’s Supreme Court Weighs Factors of Effective Counsel

July 21, 2016 No Comments

The Supreme Court of Georgia reviewed a Gwinnett County murder case involving claims of ineffective assistance of counsel. The defendant, convicted of malice murder, burglary, and multiple firearm charges, sought a new trial, alleging that his attorney’s performance had compromised his defense.

The Court found no evidence supporting the defendant’s claims. The justices ruled that the trial attorney’s strategic decisions, including his approach to witness testimony and handling of procedural issues, were reasonable and did not constitute ineffective representation.

Georgia’s Appeal Court Shows How Rape and Incest Cannot Be Merged

July 21, 2016 No Comments

The Georgia Court of Appeals has clarified that rape and incest convictions cannot be merged during sentencing because the crimes involve different legal elements.

The case stemmed from a Dougherty County trial in which a defendant was convicted of rape, incest, aggravated child molestation, and sexual battery against his daughter. On appeal, the defendant argued that his rape and incest convictions should have been combined for sentencing.

Lack of Corroboration Frees Alleged Murderer

July 21, 2016 No Comments

The Georgia Supreme Court overturned a Fulton County murder conviction after determining that the trial court failed to apply the state’s corroboration rule for accomplice testimony.

The defendant was originally convicted of murder and possession of a firearm during the commission of a felony, but his appeal revealed a key flaw in the court’s jury instructions. The trial judge told jurors that “particular facts could be established based on the testimony of a single witness.” However, under former O.C.G.A. § 24-4-8, when a witness is an accomplice, their testimony must be corroborated by additional evidence.

Georgia’s Appeals Court Explains When Detention on a Boat Constitutes Miranda Protection

July 21, 2016 No Comments

The Georgia Court of Appeals clarified when Miranda rights apply during boating under the influence (BUI) investigations.

A Hall County man was convicted of BUI and child endangerment after a Georgia Department of Natural Resources officer stopped his vessel for navigation light violations and observed signs of intoxication. The defendant argued that his field sobriety tests should be suppressed because he had not been read his Miranda rights before being detained.

Evidence Stacks Against Murderer

July 21, 2016 No Comments

The Georgia Court of Appeals upheld the felony murder and burglary convictions of a defendant in Clarke County, rejecting claims of insufficient evidence and improper conspiracy charges.

The defendant argued that the trial court erred by allowing a conspiracy to burgle charge that wasn’t listed in the original indictment. However, the Appeals Court found that the evidence — including the defendant’s own statements, matching shoe prints, and a stolen gun later used in a murder — supported the convictions.

New Trial on General Grounds Denied

July 21, 2016 No Comments

The Georgia Supreme Court upheld a DeKalb County murder conviction, rejecting a defendant’s request for a new trial on general grounds.

The defendant, found guilty of malice murder and firearm possession by a first-offender probationer, claimed that the evidence did not support the verdict. However, the Court ruled that the trial judge acted within the law, determining that the evidence sufficiently supported the conviction and that the defendant received a fair trial.