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Georgia Court of Appeals Permits Transfer of Juvenile Case to Superior Court

May 26, 2016 No Comments

The Georgia Court of Appeals recently upheld a decision by the Glynn Juvenile Court to transfer a 15-year-old’s case to superior court, ruling that the court correctly applied O.C.G.A. § 15-11-562.

The teenager, identified as T.S., faced allegations that would constitute burglary, theft by taking, criminal trespass, and gang activity if committed by an adult. T.S. appealed the transfer decision, arguing that the juvenile court misapplied the statute and based its ruling solely on the severity of the alleged offenses.

Supreme Court of Georgia Defines Sufficient Evidence for Child Pornography in Search Warrant

May 25, 2016 No Comments

The Supreme Court of Georgia recently reversed a decision by the Court of Appeals regarding a child pornography investigation, finding that the search warrant affidavit used in the case lacked sufficient probable cause.

The case involved Michael S. Shirley, whose home was searched after an FBI Task Force received information from German authorities. While the Gwinnett Superior Court originally denied Mr. Shirley’s Motion to Suppress, believing the warrant to be valid, the Georgia Supreme Court found the affidavit supporting the warrant too vague to justify a lawful search.

Police Dog Harmed by Fleeing Robber Has Day in Court

May 23, 2016 No Comments

The Georgia Court of Appeals reviewed the case of Devante Bynes, who was convicted in Chatham Superior Court of armed robbery and harming a police dog. Mr. Bynes argued on appeal that the prosecution failed to prove he knew the dog was a law enforcement animal and that his actions were in self-defense after being bitten.

The Court of Appeals upheld the armed robbery conviction, noting that Mr. Bynes fled from police, hid in a crawlspace, and choked the K-9 officer into unconsciousness while resisting arrest. However, the Court also determined that the trial court erred in sentencing, having imposed a punishment that exceeded statutory limits.

Georgia Supreme Court Defines Hearsay in Prosecutor’s Indictment

May 13, 2016 No Comments

The Georgia Supreme Court has clarified what constitutes hearsay evidence in a criminal prosecution involving alleged gang and racketeering activities.

In a case before DeKalb Superior Court, prosecutors attempted to introduce a federal indictment charging unrelated defendants as evidence in a Georgia RICO and Street Gang Terrorism trial. The State argued that the indictment demonstrated motive and criminal intent under O.C.G.A. § 24-4-404(b).

Georgia Court of Appeals Defines Elements of Child Molestation

May 11, 2016 No Comments

The Georgia Court of Appeals recently clarified the legal definition of child molestation and what constitutes being “in the presence of” a victim under O.C.G.A. § 16-6-4.

In this case, Jason Prophitt was convicted in Echols Superior Court after spying on his daughter’s friend through a floor vent while she showered. The court found him guilty of child molestation, citing his indecent act involving a minor.

Motion to Suppress DUI Breathalyzer Results in a Georgia State Court

May 10, 2016 No Comments

The Georgia Court of Appeals overturned a Cherokee County State Court decision that had previously suppressed the results of a DUI breathalyzer test.

In the original ruling, the trial court found that defendant Scott Depol was too impaired to voluntarily consent to testing, despite having probable cause for arrest. However, upon review of the police video footage, the Appeals Court concluded otherwise.

Admission of DUI Breathalyzer Results

May 5, 2016 No Comments

The Georgia Court of Appeals reaffirmed that voluntary consent is key when determining whether DUI breathalyzer results are admissible in court.

In this case, Lisa Kendrick was stopped for driving under the influence in Cherokee County, where officers read her the implied consent notice before administering the test. Although Ms. Kendrick later claimed she was not fully informed of her Fourth Amendment rights, both the trial court and Appeals Court disagreed.

Court of appeals strikes down motion defining arrest

May 5, 2016 No Comments

The Georgia Court of Appeals provided important clarification on what constitutes a lawful arrest and articulable suspicion in a recent case involving Michael Williams.

Police received a tip linking Mr. Williams to a theft and approached him for questioning at his home. When informed of the suspicion, Mr. Williams fled the scene, prompting the officer to order him to stop. His failure to comply led to an obstruction of justice charge.