A Cobb County defendant lost over $12,000 and personal property after a police search led to the seizure of cash near alleged drug evidence. The funds were condemned under Georgia’s Civil Forfeiture Statute (O.C.G.A. § 16-13-49), which allows the state to confiscate assets linked to suspected criminal activity.
The Georgia Court of Appeals recently upheld the conviction of a defendant found guilty of hijacking a motor vehicle and aggravated assault in Rockdale County.
The defendant argued that eyewitness testimony was unreliable because the victims’ encounter was brief, occurred in a dark setting, and their identification was based only on race and clothing. The Court noted that credibility determinations rest with the jury, which chose to believe the witnesses’ account.
The Supreme Court of Georgia ruled that a drug-sniffing dog’s involvement in a traffic stop did not violate the defendants’ Fourth Amendment rights, reversing earlier decisions from the trial and appellate courts.
The case began after police stopped two men for a lane change violation. During a routine identity check, the officer’s K-9 unit detected drugs, leading to the discovery of nearly ten pounds of marijuana. The defendants argued that the stop was unlawfully prolonged while waiting for dispatch to verify an out-of-state license.
The Georgia Court of Appeals has clarified that rape and incest convictions cannot be merged during sentencing because the crimes involve different legal elements.
The case stemmed from a Dougherty County trial in which a defendant was convicted of rape, incest, aggravated child molestation, and sexual battery against his daughter. On appeal, the defendant argued that his rape and incest convictions should have been combined for sentencing.
The Georgia Court of Appeals clarified when Miranda rights apply during boating under the influence (BUI) investigations.
A Hall County man was convicted of BUI and child endangerment after a Georgia Department of Natural Resources officer stopped his vessel for navigation light violations and observed signs of intoxication. The defendant argued that his field sobriety tests should be suppressed because he had not been read his Miranda rights before being detained.
The Georgia Court of Appeals upheld the felony murder and burglary convictions of a defendant in Clarke County, rejecting claims of insufficient evidence and improper conspiracy charges.
The defendant argued that the trial court erred by allowing a conspiracy to burgle charge that wasn’t listed in the original indictment. However, the Appeals Court found that the evidence — including the defendant’s own statements, matching shoe prints, and a stolen gun later used in a murder — supported the convictions.
The Georgia Supreme Court upheld a DeKalb County murder conviction, rejecting a defendant’s request for a new trial on general grounds.
The defendant, found guilty of malice murder and firearm possession by a first-offender probationer, claimed that the evidence did not support the verdict. However, the Court ruled that the trial judge acted within the law, determining that the evidence sufficiently supported the conviction and that the defendant received a fair trial.
The Georgia Supreme Court reaffirmed that proving intent to kill is not required for a felony murder conviction.
A Liberty County man was convicted of felony murder in the tragic death of his seven-month-old daughter after shaking her in an attempt to clear mucus. The defendant argued that the prosecution failed to prove he intended to kill his child, but the Court explained that under Georgia law, the intent element applies to the underlying felony, not to the killing itself.
The Georgia Court of Appeals provided new insight into what qualifies as defacement of government property, affirming a conviction from Coweta County.
The defendant, convicted of making terroristic threats and interfering with government property, argued that the evidence did not support his convictions. He claimed that detention officers provoked the incidents and that his threats were conditional and made while restrained. He also argued that because he cleaned his fecal material from his cell and a security camera, the property wasn’t permanently damaged.
The Georgia Court of Appeals clarified how voluntary consent applies in DUI breath test cases, reversing a Gwinnett State Court decision.
The defendant had been charged with DUI – less safe, DUI unlawful alcohol concentration, and following too closely after an accident. The trial court granted his motion to suppress evidence, ruling that his limited understanding of English meant he did not provide “actual, knowing, and voluntary consent” for the breathalyzer test.
