DeKalb County case - Marietta Attorneys Dean Phillips Law Office

Overwhelming Evidence Negates Trial Court Error in DUI Case

July 18, 2016 No Comments

The Georgia Court of Appeals upheld a DUI conviction despite the defendant’s claim that a 911 recording violated her right to confront the witness.

The case stemmed from an accident in DeKalb County, where the defendant hit another vehicle while making a right turn. The other driver’s 911 call — “I just got hit. This lady just ran into my car” — was used as evidence during trial. The defense objected, arguing that the statement was “testimonial in nature” and that the State failed to present the driver as a witness.

Felon Faults Attorney for his Convictions

July 14, 2016 No Comments

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.

Perpetrator’s Confessions Must Still Be Corroborated by Evidence

July 12, 2016 No Comments

The Georgia Court of Appeals affirmed the DeKalb County conviction of Santonio Spratlin, who confessed to robbing a gas station where he was a frequent customer.

Spratlin appealed, arguing that his confession should have been corroborated by additional evidence under O.C.G.A. § 24-8-823, which requires proof beyond a defendant’s own admission.

Georgia Supreme Court Defines Hearsay in Prosecutor’s Indictment

May 13, 2016 No Comments

The Georgia Supreme Court has clarified what constitutes hearsay evidence in a criminal prosecution involving alleged gang and racketeering activities.

In a case before DeKalb Superior Court, prosecutors attempted to introduce a federal indictment charging unrelated defendants as evidence in a Georgia RICO and Street Gang Terrorism trial. The State argued that the indictment demonstrated motive and criminal intent under O.C.G.A. § 24-4-404(b).

Overwhelming Evidence Negates Trial Court Error in DUI Case

Felon Faults Attorney for his Convictions

Perpetrator’s Confessions Must Still Be Corroborated by Evidence

Georgia Supreme Court Defines Hearsay in Prosecutor’s Indictment

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