Georgia Court of Appeals - Marietta Attorneys Dean Phillips Law Office

Georgia’s Child Hearsay Statute Prevents Trial Counsel from Objecting

September 13, 2016 No Comments

The Georgia Court of Appeals upheld multiple Gwinnett County child molestation convictions, finding that the defendant’s attorney acted reasonably under Georgia’s Child Hearsay Statute.

The defendant claimed ineffective counsel, arguing his attorney failed to object to several witnesses who testified about the victim’s statements. The Appeals Court, however, explained that the statute permits certain out-of-court statements made before a child turns 16, and that objections would have had no merit.

Additionally, the Court supported the attorney’s strategic decision not to object to a nurse examiner’s testimony, noting that doing so could have alienated the jury. The ruling affirms the importance of Georgia’s hearsay laws and illustrates how defense strategy and admissible evidence intersect in sensitive 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.

Laundry List of Complaints

August 18, 2016 No Comments

The Georgia Court of Appeals upheld a Cobb County woman’s conviction for child cruelty, sexual exploitation, and aggravated sodomy after reviewing numerous complaints she raised against her trial proceedings.

The defendant argued that her motion in limine was wrongly denied, her trial attorney performed poorly, and juror misconduct warranted a mistrial. However, the Appeals Court determined that each issue was properly handled under Georgia law.

Georgia’s Appeals Court Determines How the Role of a Tipster Transitioned into Participant-Informer

July 21, 2016 No Comments

The Georgia Court of Appeals ruled that a confidential informant involved in a drug trafficking investigation was a participant-informer, not a mere tipster, affirming the trial court’s decision to keep his identity private.

The case involved a Hall County defendant convicted of possession of cocaine with intent to distribute, criminal attempt to sell cocaine, and use of a communication facility in a felony. The defendant appealed, arguing that the State should have been required to reveal the informant’s identity due to his active involvement in the undercover operation.

Georgia’s Appeal Court Shows How Rape and Incest Cannot Be Merged

July 21, 2016 No Comments

The Georgia Court of Appeals has clarified that rape and incest convictions cannot be merged during sentencing because the crimes involve different legal elements.

The case stemmed from a Dougherty County trial in which a defendant was convicted of rape, incest, aggravated child molestation, and sexual battery against his daughter. On appeal, the defendant argued that his rape and incest convictions should have been combined for sentencing.

Georgia’s Appeals Court Explains When Detention on a Boat Constitutes Miranda Protection

July 21, 2016 No Comments

The Georgia Court of Appeals clarified when Miranda rights apply during boating under the influence (BUI) investigations.

A Hall County man was convicted of BUI and child endangerment after a Georgia Department of Natural Resources officer stopped his vessel for navigation light violations and observed signs of intoxication. The defendant argued that his field sobriety tests should be suppressed because he had not been read his Miranda rights before being detained.

Evidence Stacks Against Murderer

July 21, 2016 No Comments

The Georgia Court of Appeals upheld the felony murder and burglary convictions of a defendant in Clarke County, rejecting claims of insufficient evidence and improper conspiracy charges.

The defendant argued that the trial court erred by allowing a conspiracy to burgle charge that wasn’t listed in the original indictment. However, the Appeals Court found that the evidence — including the defendant’s own statements, matching shoe prints, and a stolen gun later used in a murder — supported the convictions.

Georgia Court of Appeals Defines Meaning of Party to a Crime

July 18, 2016 No Comments

The Georgia Court of Appeals clarified what it means to be a party to a crime, overturning an aggravated assault conviction in a Hart County case.

The defendant had been convicted of aggravated assault and three counts of felony obstruction after his grandfather fired a gun near police officers during the defendant’s arrest. The defendant appealed, arguing that he did not use or encourage the use of a weapon.

Georgia Appeals Court Defines Defacement of Government Property

July 18, 2016 No Comments

The Georgia Court of Appeals provided new insight into what qualifies as defacement of government property, affirming a conviction from Coweta County.

The defendant, convicted of making terroristic threats and interfering with government property, argued that the evidence did not support his convictions. He claimed that detention officers provoked the incidents and that his threats were conditional and made while restrained. He also argued that because he cleaned his fecal material from his cell and a security camera, the property wasn’t permanently damaged.

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.