criminal law Georgia - Marietta Attorneys Dean Phillips Law Office

Former Republican Party Chairman Charged with Child Molestation

October 19, 2016 No Comments

A former Cobb County Republican Party chairman has been charged with child molestation involving two boys, according to police reports. The allegations span multiple years and locations, including a local church. The defendant, who remains jailed without bond, entered a not guilty plea during his arraignment before a Cobb Superior Court judge. Legal experts note that such charges can lead to significant penalties and complex pretrial motions. This case underscores the importance of legal representation and understanding the criminal justice process in Georgia’s courts.

Recusal of Prosecutor Weighed by Appeals Court of Georgia

September 26, 2016 No Comments

The Georgia Court of Appeals overturned a Cobb County trial court decision in a case involving the recusal of a solicitor general. The defendant had objected to the prosecutor’s voluntary withdrawal, claiming no conflict of interest existed and that the recusal occurred without a hearing or her consent.

The Court of Appeals clarified that under Georgia law, a criminal defendant cannot object to a prosecutor’s voluntary recusal. The court also found that the trial judge lacked authority to override the Attorney General’s reassignment of the case to another county’s solicitor’s office.

This decision reinforces how Georgia courts handle conflicts of interest and prosecutorial discretion, ensuring fair and impartial case assignments in the state’s legal system.

Georgia’s Appeals Court Explains Recidivist Sentencing

September 26, 2016 No Comments

The Georgia Court of Appeals upheld a Cobb County Superior Court decision in a case involving recidivist sentencing after an armed robbery conviction. The defendant challenged the trial court’s use of recorded jail phone calls and claimed his attorney failed to object properly to the sentencing enhancement.

The Appeals Court ruled that the trial court acted correctly, determining the defendant’s prior Michigan offense qualified him as a recidivist under Georgia law. The Court also rejected the defendant’s claims of ineffective counsel, noting that the attorney’s performance was reasonable and that no objections would have changed the outcome.

This ruling highlights how prior out-of-state convictions can impact sentencing and underscores the importance of experienced legal representation in Georgia criminal cases.

Motion to Suppress Evidence

August 30, 2016 No Comments

The Georgia Court of Appeals upheld a Cobb County conviction involving drug trafficking after rejecting a motion to suppress evidence based on an allegedly unlawful search.

The defendant was stopped for a cracked taillight and broken lens. After giving a false name and date of birth, officers lawfully arrested him and discovered methamphetamine, cash, and paraphernalia in the vehicle. The defendant attempted to flee but was apprehended shortly afterward.

The Court ruled that the initial stop was lawful, the arrest was valid, and the evidence obtained during the search was admissible. This decision reaffirms that when a traffic stop is initiated for a legitimate reason, evidence discovered during the process can support criminal convictions.

The ruling serves as a reminder of how traffic stops can quickly escalate into serious felony charges—and why having an experienced Cobb County criminal defense attorney is essential when challenging evidence in Georgia courts.

You Have the Right to Remain Silento?

August 18, 2016 No Comments

The Miranda rights—a cornerstone of American criminal law—are designed to protect individuals during police questioning. But what happens when they’re mistranslated?

The American Bar Association’s Special Committee on Hispanic Legal Rights is addressing this issue by standardizing the Spanish translation of Miranda rights. Currently, many officers rely on their limited Spanish skills or unqualified translators, often leading to errors that can dramatically affect court outcomes.

Proving Intent is not a Requirement in Felony Murder

July 18, 2016 No Comments

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.