Legal News- Marietta Attorneys Dean Phillips Law Office

Proving Intent is not a Requirement in Felony Murder

July 18, 2016 No Comments

The Georgia Supreme Court reaffirmed that proving intent to kill is not required for a felony murder conviction.

A Liberty County man was convicted of felony murder in the tragic death of his seven-month-old daughter after shaking her in an attempt to clear mucus. The defendant argued that the prosecution failed to prove he intended to kill his child, but the Court explained that under Georgia law, the intent element applies to the underlying felony, not to the killing itself.

Georgia Court of Appeals Defines Meaning of Party to a Crime

July 18, 2016 No Comments

The Georgia Court of Appeals clarified what it means to be a party to a crime, overturning an aggravated assault conviction in a Hart County case.

The defendant had been convicted of aggravated assault and three counts of felony obstruction after his grandfather fired a gun near police officers during the defendant’s arrest. The defendant appealed, arguing that he did not use or encourage the use of a weapon.

Georgia Appeals Court Defines Defacement of Government Property

July 18, 2016 No Comments

The Georgia Court of Appeals provided new insight into what qualifies as defacement of government property, affirming a conviction from Coweta County.

The defendant, convicted of making terroristic threats and interfering with government property, argued that the evidence did not support his convictions. He claimed that detention officers provoked the incidents and that his threats were conditional and made while restrained. He also argued that because he cleaned his fecal material from his cell and a security camera, the property wasn’t permanently damaged.

Overwhelming Evidence Negates Trial Court Error in DUI Case

July 18, 2016 No Comments

The Georgia Court of Appeals upheld a DUI conviction despite the defendant’s claim that a 911 recording violated her right to confront the witness.

The case stemmed from an accident in DeKalb County, where the defendant hit another vehicle while making a right turn. The other driver’s 911 call — “I just got hit. This lady just ran into my car” — was used as evidence during trial. The defense objected, arguing that the statement was “testimonial in nature” and that the State failed to present the driver as a witness.

Knowing is not Part of Voluntary Consent

July 18, 2016 No Comments

The Georgia Court of Appeals clarified how voluntary consent applies in DUI breath test cases, reversing a Gwinnett State Court decision.

The defendant had been charged with DUI – less safe, DUI unlawful alcohol concentration, and following too closely after an accident. The trial court granted his motion to suppress evidence, ruling that his limited understanding of English meant he did not provide “actual, knowing, and voluntary consent” for the breathalyzer test.

Trial Court Errors but Defendant Still Convicted

July 18, 2016 No Comments

The Georgia Supreme Court upheld a felony murder conviction despite the defendant’s claims of trial error and insufficient evidence.

The defendant, convicted in Dougherty County, argued that the jury charge was flawed and that the testimony against him—provided by an alleged accomplice—was unreliable. While the Court acknowledged a minor error in the jury instructions, it found enough independent evidence to support the verdict.

Failed Jury Charge Gives Defendant New Trial Opportunity

July 14, 2016 No Comments

The Georgia Supreme Court granted a new trial after finding that the jury instructions in a Fulton County murder case failed to properly explain the justification defense.

The defendant, convicted of malice murder, argued that the trial judge neglected to instruct jurors that prosecutors must prove beyond a reasonable doubt that the defendant’s actions were not justified. The Supreme Court agreed, ruling that the omission undermined the fairness of the trial.

Felon Faults Attorney for his Convictions

July 14, 2016 No Comments

The Georgia Court of Appeals upheld the conviction of a DeKalb County felon who claimed his defense attorney failed to properly object to a jury charge.

The defendant was convicted of criminal attempt to commit malice murder, aggravated assault on a police officer, and multiple firearm possession charges following a traffic stop that turned violent when he shot an officer after fleeing.

Georgia Appeals Court Explains How Trial Court Inadvertently Impacted Plea Negotiations

July 13, 2016 No Comments

The Georgia Court of Appeals reversed a Fulton County conviction after finding that the trial court improperly influenced plea negotiations.

The defendant had pleaded guilty to burglary, possession of tools for a crime, and obstruction of a law enforcement officer. During plea discussions, the judge warned the defendant that if convicted at trial, he would “serve every day of a 20-year sentence,” implying that probation or suspension would not be available.

Appeals Court Wades Through Defendant’s Complaints of Trial Court’s Alleged Abuses

July 12, 2016 No Comments

The Georgia Court of Appeals upheld a Forsyth County DUI conviction after the defendant claimed that the trial court abused its discretion during proceedings.

The defendant was convicted of DUI per se, DUI less safe, and failure to maintain lane. During trial, he alleged that the judge commented on his expert witness’s credibility, limited his testimony, and wrongly denied a mistrial.

On review, the Appeals Court ruled that the trial court’s comments were made within the context of evaluating the expert’s qualifications. It also agreed that limiting the testimony was proper because the expert ventured outside his certified area of expertise.