Georgia Court of Appeals - Marietta Attorneys Dean Phillips Law Office

Judge’s Comments in Child Molestation Case Prompt Appeals Court to Reverse Charges

June 27, 2016 No Comments

The Georgia Court of Appeals has ordered a new trial in a Columbia County child molestation case after finding that the trial judge’s comments may have improperly influenced the jury.

During the trial of Faron Alday, who faced two counts of child molestation involving his granddaughter, the judge questioned a forensic interviewer in a way that appeared to support the State’s credibility. The Court ruled this violated O.C.G.A. § 17-8-57, which restricts judges from expressing opinions that may sway jurors.

Georgia Appeals Court Provides Instruction on Sentencing a Repeat Offender

June 27, 2016 No Comments

The Georgia Court of Appeals recently clarified how trial courts should apply sentencing guidelines for repeat offenders under O.C.G.A. § 17-10-7.

In Chattooga County, Richard Becker was convicted of possession of methamphetamine and obstruction of an officer. The trial court sentenced him to the maximum penalty, citing Georgia’s repeat offender statute.

Georgia Court of Appeals Involved When Domestic Dispute Turns Violent

June 23, 2016 No Comments

The Georgia Court of Appeals has upheld the conviction of Tony Robinson, who was found guilty in Clayton County after a domestic dispute turned violent. Robinson threw a concrete slab through his girlfriend’s windshield while her young son was inside the car, claiming he acted in self-defense.

The trial court found insufficient evidence to support his self-defense claim, citing testimony from the victim and her son that she never attempted to hit him with her car. The Court of Appeals affirmed the conviction, agreeing that “credibility issues” are the jury’s responsibility and that evidence of Robinson’s prior legal troubles was properly admitted.

Georgia Trial Court Errs in Convicting Driver of Driving without License

June 21, 2016 No Comments

The Georgia Court of Appeals overturned the conviction of Kevin A. Williams, who had been wrongly found guilty of driving without a license in DeKalb County.

Mr. Williams was stopped for speeding, but the trial court misapplied Georgia’s licensing laws, confusing O.C.G.A. § 40-5-20 with O.C.G.A. § 40-5-121, which governs suspended licenses. The Court of Appeals found that the trial court failed to inform Williams of the risks of self-representation and allowed hearsay evidence to be admitted without objection.

Exception of Hearsay in Clarke County Superior Court

June 12, 2016 No Comments

The Georgia Court of Appeals recently affirmed a Clarke County Superior Court decision in a murder and aggravated assault case, ruling that hearsay evidence was properly admitted under the state’s necessity exception.

Defendant Dorunte Williams appealed his conviction for malice murder, aggravated assault involving family violence, and possession of a firearm during the commission of a felony, arguing that the trial court improperly allowed hearsay testimony.

Court of Appeals Denies Grant of New Trial

June 12, 2016 No Comments

The Georgia Court of Appeals recently overturned a Mitchell County Superior Court decision that granted a new trial to Frederick L. Shelton, who was convicted of cocaine possession, obstructing an officer, and a sound ordinance violation.

Shelton claimed that his defense attorney provided ineffective assistance and argued that his Fourth Amendment rights were violated during a police encounter. However, upon reviewing body camera footage, the Court of Appeals determined that the stop and pat-down were both brief and constitutional.

Gwinnett Superior Court convicted Adam Wells of armed robbery

June 1, 2016 No Comments

The Georgia Court of Appeals recently affirmed the Gwinnett Superior Court’s armed robbery conviction of Adam Wells, rejecting his claims of an unfair trial and ineffective counsel.

Wells argued that one of the jurors entered the trial with a preconceived opinion about his guilt and that his attorney failed to pursue lesser charges. However, during the hearing for a motion for a new trial, his lawyer explained that their strategy was an “all-or-nothing defense,” based on Wells’ complete denial of involvement in the crime.

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.

Police Dog Harmed by Fleeing Robber Has Day in Court

May 23, 2016 No Comments

The Georgia Court of Appeals reviewed the case of Devante Bynes, who was convicted in Chatham Superior Court of armed robbery and harming a police dog. Mr. Bynes argued on appeal that the prosecution failed to prove he knew the dog was a law enforcement animal and that his actions were in self-defense after being bitten.

The Court of Appeals upheld the armed robbery conviction, noting that Mr. Bynes fled from police, hid in a crawlspace, and choked the K-9 officer into unconsciousness while resisting arrest. However, the Court also determined that the trial court erred in sentencing, having imposed a punishment that exceeded statutory limits.

Georgia Court of Appeals Defines Elements of Child Molestation

May 11, 2016 No Comments

The Georgia Court of Appeals recently clarified the legal definition of child molestation and what constitutes being “in the presence of” a victim under O.C.G.A. § 16-6-4.

In this case, Jason Prophitt was convicted in Echols Superior Court after spying on his daughter’s friend through a floor vent while she showered. The court found him guilty of child molestation, citing his indecent act involving a minor.