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Georgia’s Appeals Court Determines How the Role of a Tipster Transitioned into Participant-Informer

July 21, 2016 No Comments

The Georgia Court of Appeals ruled that a confidential informant involved in a drug trafficking investigation was a participant-informer, not a mere tipster, affirming the trial court’s decision to keep his identity private.

The case involved a Hall County defendant convicted of possession of cocaine with intent to distribute, criminal attempt to sell cocaine, and use of a communication facility in a felony. The defendant appealed, arguing that the State should have been required to reveal the informant’s identity due to his active involvement in the undercover operation.

Lack of Corroboration Frees Alleged Murderer

July 21, 2016 No Comments

The Georgia Supreme Court overturned a Fulton County murder conviction after determining that the trial court failed to apply the state’s corroboration rule for accomplice testimony.

The defendant was originally convicted of murder and possession of a firearm during the commission of a felony, but his appeal revealed a key flaw in the court’s jury instructions. The trial judge told jurors that “particular facts could be established based on the testimony of a single witness.” However, under former O.C.G.A. § 24-4-8, when a witness is an accomplice, their testimony must be corroborated by additional evidence.

Georgia Appeals Court Explains How Trial Court Inadvertently Impacted Plea Negotiations

July 13, 2016 No Comments

The Georgia Court of Appeals reversed a Fulton County conviction after finding that the trial court improperly influenced plea negotiations.

The defendant had pleaded guilty to burglary, possession of tools for a crime, and obstruction of a law enforcement officer. During plea discussions, the judge warned the defendant that if convicted at trial, he would “serve every day of a 20-year sentence,” implying that probation or suspension would not be available.

Georgia Appeals Court Determines Sufficient Probable Cause for Search Warrant

July 12, 2016 No Comments

The Georgia Court of Appeals upheld the Bartow County conviction of Tyrone Johnson, who was found guilty of trafficking in cocaine and possession with intent to distribute.

Johnson argued that the search warrant affidavit lacked sufficient information to prove a confidential informant’s reliability and credibility. The trial court denied his motion to suppress the evidence, leading to an appeal.

Judge’s Comments in Child Molestation Case Prompt Appeals Court to Reverse Charges

June 27, 2016 No Comments

The Georgia Court of Appeals has ordered a new trial in a Columbia County child molestation case after finding that the trial judge’s comments may have improperly influenced the jury.

During the trial of Faron Alday, who faced two counts of child molestation involving his granddaughter, the judge questioned a forensic interviewer in a way that appeared to support the State’s credibility. The Court ruled this violated O.C.G.A. § 17-8-57, which restricts judges from expressing opinions that may sway jurors.

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.

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.

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.