Legal News- Marietta Attorneys Dean Phillips Law Office

Georgia Court of Appeals Involved When Domestic Dispute Turns Violent

June 23, 2016 No Comments

The Georgia Court of Appeals has upheld the conviction of Tony Robinson, who was found guilty in Clayton County after a domestic dispute turned violent. Robinson threw a concrete slab through his girlfriend’s windshield while her young son was inside the car, claiming he acted in self-defense.

The trial court found insufficient evidence to support his self-defense claim, citing testimony from the victim and her son that she never attempted to hit him with her car. The Court of Appeals affirmed the conviction, agreeing that “credibility issues” are the jury’s responsibility and that evidence of Robinson’s prior legal troubles was properly admitted.

Georgia Trial Court Errs in Convicting Driver of Driving without License

June 21, 2016 No Comments

The Georgia Court of Appeals overturned the conviction of Kevin A. Williams, who had been wrongly found guilty of driving without a license in DeKalb County.

Mr. Williams was stopped for speeding, but the trial court misapplied Georgia’s licensing laws, confusing O.C.G.A. § 40-5-20 with O.C.G.A. § 40-5-121, which governs suspended licenses. The Court of Appeals found that the trial court failed to inform Williams of the risks of self-representation and allowed hearsay evidence to be admitted without objection.

Georgia’s Supreme Court Upheld Accused Murderer’s Right to Counsel

June 21, 2016 No Comments

The Supreme Court of Georgia reaffirmed a defendant’s constitutional right to counsel in a recent ruling involving Brandon Philpot, who was accused of murder and aggravated assault.

During police interrogation, Mr. Philpot requested his attorney, but officers continued questioning him despite his clear statements to contact his lawyer. Fulton Superior Court suppressed his confession, determining that the interrogation violated his rights.

Georgia’s Supreme Court Determines Merger of Assault and Battery

June 17, 2016 No Comments

The Supreme Court of Georgia recently clarified when aggravated assault and aggravated battery charges should merge under state law.

In this case, Steven Regent was convicted in Fulton County of both charges after attacking his girlfriend with a knife. The Georgia Court of Appeals initially upheld the conviction, but the Supreme Court determined that both offenses arose from the same act and should be merged under O.C.G.A. § 16-1-6 (2).

Georgia’s Supreme Court Offers Value to Dog’s Life

June 12, 2016 No Comments

The Georgia Supreme Court recently addressed a landmark case that expanded how courts view the value of pets in negligence claims.

Robert and Elizabeth Monyak sued Barking Hound Village after their dog, Lola, died from being given the wrong medication. The lower courts limited recovery to Lola’s fair market value, but the Supreme Court clarified that owners may also recover reasonable veterinary expenses incurred due to another party’s negligence.

Exception of Hearsay in Clarke County Superior Court

June 12, 2016 No Comments

The Georgia Court of Appeals recently affirmed a Clarke County Superior Court decision in a murder and aggravated assault case, ruling that hearsay evidence was properly admitted under the state’s necessity exception.

Defendant Dorunte Williams appealed his conviction for malice murder, aggravated assault involving family violence, and possession of a firearm during the commission of a felony, arguing that the trial court improperly allowed hearsay testimony.

Court of Appeals Denies Grant of New Trial

June 12, 2016 No Comments

The Georgia Court of Appeals recently overturned a Mitchell County Superior Court decision that granted a new trial to Frederick L. Shelton, who was convicted of cocaine possession, obstructing an officer, and a sound ordinance violation.

Shelton claimed that his defense attorney provided ineffective assistance and argued that his Fourth Amendment rights were violated during a police encounter. However, upon reviewing body camera footage, the Court of Appeals determined that the stop and pat-down were both brief and constitutional.

Medical malpractice attorney marietta ga

Spoliation of Evidence in Medical Malpractice Case

June 12, 2016 No Comments

The Georgia Supreme Court recently issued a key ruling clarifying when the duty to preserve evidence arises in a medical malpractice case.

The case involved Lee Phillips and Santhonia Hector, who sued Henry Medical Center after their child suffered severe injuries during birth. The plaintiffs claimed that the hospital destroyed fetal heart monitor strips, which were vital to proving their case, and asked the court to issue a spoliation charge—a legal instruction to the jury about destroyed evidence.

A Recidivist Appeals on Sentencing

June 2, 2016 No Comments

The Georgia Supreme Court recently ruled in favor of a Fulton County defendant who challenged his recidivist sentencing under O.C.G.A. § 17-10-7 (c).

A Fulton County jury had convicted Hopton Hyde of multiple charges, including malice murder, aggravated assault, and felony murder, sentencing him to life without parole. Hyde filed a motion to vacate his sentence, arguing that the version of the recidivist statute used during his sentencing was enacted after the date of his crime in 1999.

Gwinnett Superior Court convicted Adam Wells of armed robbery

June 1, 2016 No Comments

The Georgia Court of Appeals recently affirmed the Gwinnett Superior Court’s armed robbery conviction of Adam Wells, rejecting his claims of an unfair trial and ineffective counsel.

Wells argued that one of the jurors entered the trial with a preconceived opinion about his guilt and that his attorney failed to pursue lesser charges. However, during the hearing for a motion for a new trial, his lawyer explained that their strategy was an “all-or-nothing defense,” based on Wells’ complete denial of involvement in the crime.