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The Georgia Court of Appeals reversed an armed robbery conviction from Cherokee County Superior Court, finding that the defendant’s actions did not meet the legal threshold for an attempted robbery under O.C.G.A. § 16-4-1.
The case involved a man who entered a pharmacy wearing a mask and carried suspicious notes suggesting intent, but no weapon was found and no robbery occurred. The Court ruled that these actions represented preparation rather than an actual attempt, a key distinction in Georgia criminal law.
This decision underscores the importance of understanding “substantial steps” vs. “mere preparation” in criminal attempt cases — and how a skilled Georgia criminal defense attorney can challenge evidence that doesn’t meet the burden of proof.
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.
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.
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.
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.
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.
