Georgia Court of Appeals - Marietta Attorneys Dean Phillips Law Office

Knowing is not Part of Voluntary Consent

July 18, 2016 No Comments

The Georgia Court of Appeals clarified how voluntary consent applies in DUI breath test cases, reversing a Gwinnett State Court decision.

The defendant had been charged with DUI – less safe, DUI unlawful alcohol concentration, and following too closely after an accident. The trial court granted his motion to suppress evidence, ruling that his limited understanding of English meant he did not provide “actual, knowing, and voluntary consent” for the breathalyzer test.

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.

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

July 12, 2016 No Comments

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.

Georgia Appeals Court Determines Sufficient Probable Cause for Search Warrant

July 12, 2016 No Comments

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.

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.

Court of Appeals Explains Eluding an Officer

July 11, 2016 No Comments

The Georgia Court of Appeals affirmed the Chatham County conviction of Charles Sapp, who was found guilty of fleeing or attempting to elude a police officer.

The case began when officers observed Sapp leaving the scene of a knife fight and later attempting to evade police as a passenger in a van. When the driver refused to stop, Sapp exited the vehicle, ignored the officer’s commands to halt, and charged toward him before being subdued with a taser.

Georgia’s Court of Appeals Explains Exceptions to Rape Shield Statute

July 6, 2016 No Comments

The Georgia Court of Appeals recently clarified how the Rape Shield Statute applies to false allegations in sexual assault and child molestation cases.

Randy Morgan, Jr. was convicted in Evans County Superior Court of child molestation involving his stepdaughter. He appealed, arguing that her prior false allegation should have been admitted as evidence under one of the statute’s exceptions.

Corroboration is the Difference between Misdemeanor and Felony

June 29, 2016 No Comments

The Georgia Court of Appeals recently clarified when corroborating evidence is required in criminal cases.

After being convicted in Whitfield Superior Court of misdemeanor theft by taking, Robert Heatherly Jr. appealed, claiming his accomplice’s testimony was insufficient without additional proof. However, the Court ruled that corroboration applies only to felony cases, not misdemeanors.

The Court of Appeals Defines Implied Consent in DUI Case

June 29, 2016 No Comments

The Georgia Court of Appeals recently clarified how implied consent applies in DUI cases, reinforcing the importance of voluntary and informed agreement.

In Chatham County, Jessica Reid was stopped by Georgia State Troopers for suspected DUI and consented to a blood test after being read Georgia’s implied consent notice. She later filed a Motion to Suppress, claiming she only agreed out of fear of losing her driver’s license.

Georgia Court of Appeals That Conditional Statements Don’t Impact the Determination of Terroristic Threats

June 28, 2016 No Comments

The Georgia Court of Appeals recently affirmed a Cobb County conviction for terroristic threats, clarifying how conditional language affects the legal definition of a threat.

After being evicted from his apartment, Kahlem Looney threatened to kill the leasing staff if he didn’t receive his belongings within 24 hours. He argued that his statement was conditional and therefore not a true threat under Georgia law.