Georgia’s Supreme Court Determines Effectiveness of Trial Counsel

The Georgia Supreme Court upheld the Randolph County conviction of a defendant found guilty of murder, aggravated assault, and child cruelty.

The defendant argued that his trial counsel was ineffective, claiming his attorney failed to secure an expert witness for an insanity defense and neglected to suppress incriminating hospital statements.

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search warrant

Georgia Appeals Court Determines Sufficient Probable Cause for Search Warrant

The Georgia Court of Appeals upheld the Bartow County conviction of Tyrone Johnson, who was found guilty of trafficking in cocaine and possession with intent to distribute.

Johnson argued that the search warrant affidavit lacked sufficient information to prove a confidential informant’s reliability and credibility. The trial court denied his motion to suppress the evidence, leading to an appeal.

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gas station

Perpetrator’s Confessions Must Still Be Corroborated by Evidence

The Georgia Court of Appeals affirmed the DeKalb County conviction of Santonio Spratlin, who confessed to robbing a gas station where he was a frequent customer.

Spratlin appealed, arguing that his confession should have been corroborated by additional evidence under O.C.G.A. § 24-8-823, which requires proof beyond a defendant’s own admission.

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eluding an officer

Court of Appeals Explains Eluding an Officer

The Georgia Court of Appeals affirmed the Chatham County conviction of Charles Sapp, who was found guilty of fleeing or attempting to elude a police officer.

The case began when officers observed Sapp leaving the scene of a knife fight and later attempting to evade police as a passenger in a van. When the driver refused to stop, Sapp exited the vehicle, ignored the officer’s commands to halt, and charged toward him before being subdued with a taser.

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child-molestation

Georgia’s Court of Appeals Explains Exceptions to Rape Shield Statute

The Georgia Court of Appeals recently clarified how the Rape Shield Statute applies to false allegations in sexual assault and child molestation cases.

Randy Morgan, Jr. was convicted in Evans County Superior Court of child molestation involving his stepdaughter. He appealed, arguing that her prior false allegation should have been admitted as evidence under one of the statute’s exceptions.

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retail theft attorney

Corroboration is the Difference between Misdemeanor and Felony

The Georgia Court of Appeals recently clarified when corroborating evidence is required in criminal cases.

After being convicted in Whitfield Superior Court of misdemeanor theft by taking, Robert Heatherly Jr. appealed, claiming his accomplice’s testimony was insufficient without additional proof. However, the Court ruled that corroboration applies only to felony cases, not misdemeanors.

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DUi checkpoint in cobb county

The Court of Appeals Defines Implied Consent in DUI Case

The Georgia Court of Appeals recently clarified how implied consent applies in DUI cases, reinforcing the importance of voluntary and informed agreement.

In Chatham County, Jessica Reid was stopped by Georgia State Troopers for suspected DUI and consented to a blood test after being read Georgia’s implied consent notice. She later filed a Motion to Suppress, claiming she only agreed out of fear of losing her driver’s license.

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terroristic threats

Georgia Court of Appeals That Conditional Statements Don’t Impact the Determination of Terroristic Threats

The Georgia Court of Appeals recently affirmed a Cobb County conviction for terroristic threats, clarifying how conditional language affects the legal definition of a threat.

After being evicted from his apartment, Kahlem Looney threatened to kill the leasing staff if he didn’t receive his belongings within 24 hours. He argued that his statement was conditional and therefore not a true threat under Georgia law.

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child abuse

Judge’s Comments in Child Molestation Case Prompt Appeals Court to Reverse Charges

The Georgia Court of Appeals has ordered a new trial in a Columbia County child molestation case after finding that the trial judge’s comments may have improperly influenced the jury.

During the trial of Faron Alday, who faced two counts of child molestation involving his granddaughter, the judge questioned a forensic interviewer in a way that appeared to support the State’s credibility. The Court ruled this violated O.C.G.A. § 17-8-57, which restricts judges from expressing opinions that may sway jurors.

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drugs

Georgia Appeals Court Provides Instruction on Sentencing a Repeat Offender

The Georgia Court of Appeals recently clarified how trial courts should apply sentencing guidelines for repeat offenders under O.C.G.A. § 17-10-7.

In Chattooga County, Richard Becker was convicted of possession of methamphetamine and obstruction of an officer. The trial court sentenced him to the maximum penalty, citing Georgia’s repeat offender statute.

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