Cobb County criminal defense - Marietta Attorneys Dean Phillips Law Office

Trial Court Errors but Defendant Still Convicted

July 18, 2016 No Comments

The Georgia Supreme Court upheld a felony murder conviction despite the defendant’s claims of trial error and insufficient evidence.

The defendant, convicted in Dougherty County, argued that the jury charge was flawed and that the testimony against him—provided by an alleged accomplice—was unreliable. While the Court acknowledged a minor error in the jury instructions, it found enough independent evidence to support the verdict.

Georgia’s Court of Appeals Explains Exceptions to Rape Shield Statute

July 6, 2016 No Comments

The Georgia Court of Appeals recently clarified how the Rape Shield Statute applies to false allegations in sexual assault and child molestation cases.

Randy Morgan, Jr. was convicted in Evans County Superior Court of child molestation involving his stepdaughter. He appealed, arguing that her prior false allegation should have been admitted as evidence under one of the statute’s exceptions.

Corroboration is the Difference between Misdemeanor and Felony

June 29, 2016 No Comments

The Georgia Court of Appeals recently clarified when corroborating evidence is required in criminal cases.

After being convicted in Whitfield Superior Court of misdemeanor theft by taking, Robert Heatherly Jr. appealed, claiming his accomplice’s testimony was insufficient without additional proof. However, the Court ruled that corroboration applies only to felony cases, not misdemeanors.

The Court of Appeals Defines Implied Consent in DUI Case

June 29, 2016 No Comments

The Georgia Court of Appeals recently clarified how implied consent applies in DUI cases, reinforcing the importance of voluntary and informed agreement.

In Chatham County, Jessica Reid was stopped by Georgia State Troopers for suspected DUI and consented to a blood test after being read Georgia’s implied consent notice. She later filed a Motion to Suppress, claiming she only agreed out of fear of losing her driver’s license.

Georgia Court of Appeals That Conditional Statements Don’t Impact the Determination of Terroristic Threats

June 28, 2016 No Comments

The Georgia Court of Appeals recently affirmed a Cobb County conviction for terroristic threats, clarifying how conditional language affects the legal definition of a threat.

After being evicted from his apartment, Kahlem Looney threatened to kill the leasing staff if he didn’t receive his belongings within 24 hours. He argued that his statement was conditional and therefore not a true threat under Georgia law.

Georgia Appeals Court Provides Instruction on Sentencing a Repeat Offender

June 27, 2016 No Comments

The Georgia Court of Appeals recently clarified how trial courts should apply sentencing guidelines for repeat offenders under O.C.G.A. § 17-10-7.

In Chattooga County, Richard Becker was convicted of possession of methamphetamine and obstruction of an officer. The trial court sentenced him to the maximum penalty, citing Georgia’s repeat offender statute.

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.