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Georgia’s First Offender Statute

July 2, 2018 No Comments

The Georgia First Offender Act offers a vital second chance for individuals facing their first criminal charge. This statute allows eligible defendants in Cobb County, Bartow County, and Paulding County to avoid a formal conviction and have their records sealed upon successful completion of probation. Learn how The Phillips Law Firm helps clients use this law to rebuild their lives and protect their futures.

Georgia’s Appeals Court Explains Double Jeopardy

November 8, 2016 No Comments

A Cherokee County DUI case prompted the Georgia Court of Appeals to clarify how double jeopardy laws apply when multiple charges stem from a single incident. The defendant argued that paying a seat belt fine barred further prosecution for DUI and related offenses. However, the Court ruled that because each charge had a separate case number, prosecutors were not aware of the other citation — meaning double jeopardy did not apply. The decision reinforces how Georgia courts interpret procedural double jeopardy and the importance of legal counsel in defending against multiple criminal charges in Cobb, Bartow, and Paulding County.

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 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.

Georgia Court of Appeals Notes Faulty Counsel in Rape Case

May 26, 2016 No Comments

The Georgia Court of Appeals overturned a rape conviction after determining that the defendant’s trial counsel provided ineffective representation in a Fulton County case.

Willie Blackmon had been convicted of rape, aggravated child molestation, and related charges. During the trial, his attorney allowed multiple witnesses to testify about out-of-court statements allegedly made by Mr. Blackmon and permitted the victim’s mother to offer opinions presented as facts about his truthfulness. Additionally, the attorney did not object when the court instructed the jury to consider these statements as prior consistent evidence.