Fulton County case - Marietta Attorneys Dean Phillips Law Office

Failed Jury Charge Gives Defendant New Trial Opportunity

July 14, 2016 No Comments

The Georgia Supreme Court granted a new trial after finding that the jury instructions in a Fulton County murder case failed to properly explain the justification defense.

The defendant, convicted of malice murder, argued that the trial judge neglected to instruct jurors that prosecutors must prove beyond a reasonable doubt that the defendant’s actions were not justified. The Supreme Court agreed, ruling that the omission undermined the fairness of the trial.

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’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.

Georgia’s Supreme Court Determines Merger of Assault and Battery

June 17, 2016 No Comments

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).

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.

Georgia Court of Appeals Notes Faulty Counsel in Rape Case

May 26, 2016 No Comments

The Georgia Court of Appeals overturned a rape conviction after determining that the defendant’s trial counsel provided ineffective representation in a Fulton County case.

Willie Blackmon had been convicted of rape, aggravated child molestation, and related charges. During the trial, his attorney allowed multiple witnesses to testify about out-of-court statements allegedly made by Mr. Blackmon and permitted the victim’s mother to offer opinions presented as facts about his truthfulness. Additionally, the attorney did not object when the court instructed the jury to consider these statements as prior consistent evidence.