weapons charges

What You Should Know About Illegal Weapon Possession in Georgia

Georgia’s gun possession laws are complex, and a conviction can have serious consequences. Learn what counts as illegal weapon possession, how prosecutors prove it in court, and the defenses available. If you’re facing charges in Cobb, Bartow, or Paulding County, knowing your rights could make all the difference.

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lady of justice

Georgia’s Supreme Court Weighs Factors of Effective Counsel

The Supreme Court of Georgia reviewed a Gwinnett County murder case involving claims of ineffective assistance of counsel. The defendant, convicted of malice murder, burglary, and multiple firearm charges, sought a new trial, alleging that his attorney’s performance had compromised his defense.

The Court found no evidence supporting the defendant’s claims. The justices ruled that the trial attorney’s strategic decisions, including his approach to witness testimony and handling of procedural issues, were reasonable and did not constitute ineffective representation.

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ineffective council

Felon Faults Attorney for his Convictions

The Georgia Court of Appeals upheld the conviction of a DeKalb County felon who claimed his defense attorney failed to properly object to a jury charge.

The defendant was convicted of criminal attempt to commit malice murder, aggravated assault on a police officer, and multiple firearm possession charges following a traffic stop that turned violent when he shot an officer after fleeing.

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Court of Appeals GA

Appeals Court Wades Through Defendant’s Complaints of Trial Court’s Alleged Abuses

The Georgia Court of Appeals upheld a Forsyth County DUI conviction after the defendant claimed that the trial court abused its discretion during proceedings.

The defendant was convicted of DUI per se, DUI less safe, and failure to maintain lane. During trial, he alleged that the judge commented on his expert witness’s credibility, limited his testimony, and wrongly denied a mistrial.

On review, the Appeals Court ruled that the trial court’s comments were made within the context of evaluating the expert’s qualifications. It also agreed that limiting the testimony was proper because the expert ventured outside his certified area of expertise.

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Georgia’s Supreme Court Determines Effectiveness of Trial Counsel

The Georgia Supreme Court upheld the Randolph County conviction of a defendant found guilty of murder, aggravated assault, and child cruelty.

The defendant argued that his trial counsel was ineffective, claiming his attorney failed to secure an expert witness for an insanity defense and neglected to suppress incriminating hospital statements.

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search warrant

Georgia Appeals Court Determines Sufficient Probable Cause for Search Warrant

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.

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Cash Bail

Georgia’s Supreme Court Upheld Accused Murderer’s Right to Counsel

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.

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Domestic violence assault

Georgia’s Supreme Court Determines Merger of Assault and Battery

The Supreme Court of Georgia recently clarified when aggravated assault and aggravated battery charges should merge under state law.

In this case, Steven Regent was convicted in Fulton County of both charges after attacking his girlfriend with a knife. The Georgia Court of Appeals initially upheld the conviction, but the Supreme Court determined that both offenses arose from the same act and should be merged under O.C.G.A. § 16-1-6 (2).

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hearsay

Exception of Hearsay in Clarke County Superior Court

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.

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cocaine

Court of Appeals Denies Grant of New Trial

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.

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