Marietta Attorneys Dean Phillips Law Office

Dean Phillips Law Office

341 Lawrence Street
Marietta, GA 30060
770-900-9175

  • Home
  • Practice Areas
    • Criminal Defense Attorney
      • Assault & Battery
      • Bench Warrants
      • Burglary
      • Bail Bonds
      • Drug Crimes
      • Hit and Run
      • Homicide
      • Juvenile Defense
      • Misdemeanors
      • Probation Violations
      • Resisting Arrest
      • Sex Offenses & Rape
      • Stalking
      • Theft
      • Weapons Offenses
      • White Collar Crimes
    • Divorce
    • DUI Defense
    • Georgia Gun Trust
    • Gun Trust
    • Personal Injury
      • Brain Spinal Cord Injuries
      • Dog Bites
      • Distracted Driver
      • Medical Malpractice
      • Motorcycle Accident
      • Pedestrian Bicycle Accidents
      • Personal Injury Compensation
      • Reckless Driver
      • Trucking Accidents
      • Wrongful Death
    • Traffic Violations
  • About the Attorney
  • Blog
  • Contact
You are here: Home / Criminal / Failed Jury Charge Gives Defendant New Trial Opportunity

July 14, 2016

Failed Jury Charge Gives Defendant New Trial Opportunity

A defendant filed a motion for a new trial after being convicted of malice murder because he felt that Fulton Superior Court did not instruct the jury properly. The defendant requested in writing that the jury understand that the prosecution must prove beyond a reasonable doubt that the defendant’s actions were not justified. The defendant predicated his case on a justification defense after the shooting death of a man involved in a physical altercation with his brother.

Georgia’s Supreme Court examined the case, noting the State’s argument that the outcome would not have been affected by the jury charge because the evidence was not believable. The Court disagreed, determined that the evidence was credible, and pointed out that justification was the lynchpin for the defendant’s case and necessary in the jury charge. The Supreme Court supported the trial court’s decision in allowing the defendant’s motion for a new trial because of its failure to instruct the jury properly.

Filed Under: Criminal

Contact Us

  • This field is for validation purposes and should be left unchanged.

Thirteen People Arrested in Major Drug Bust

After they executed several search warrants in central Georgia, authorities seized forty pounds of … [Read More...]

Is Domestic Violence a Big Deal?

It depends on who you ask. Most defendants don’t think domestic violence is a big deal, especially … [Read More...]

Breaking Down a Retail Theft Case in Cobb County

It’s a victimless crime. The store just writes off the loss. The rich manufacturer doesn’t care … [Read More...]

What Are the Crimes That Can Get You Deported?

Prior to 1924, between 10 and 15 percent of Americans were foreign born. Then, Congress passed the … [Read More...]

Collateral Consequences of Criminal Convictions

Direct consequences of criminal convictions include lengthy incarceration, high fines, and extended … [Read More...]

The Phillips Law Firm, LLC
341 Lawrence Street
Marietta, Georgia 30060
770-900-9175

Copyright © 2023 · Attorney Advertising. This website is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer client relationship.