Georgia criminal defense - Marietta Attorneys Dean Phillips Law Office

Search Warrants Obtained with Confidential Informants

October 24, 2016 No Comments

The Georgia Court of Appeals reversed a Cobb Superior Court ruling after finding that police failed to properly vet a confidential informant before obtaining a search warrant. The defendant, charged with trafficking methamphetamine, filed a motion to suppress evidence, arguing the warrant was based on unreliable information. The Court agreed, noting that the police did not corroborate the informant’s claims or establish credibility, making the search unconstitutional under Georgia law. This case highlights the importance of probable cause and informant verification in Georgia criminal cases.

Appeals Court Sees Through Convicted Burglar’s Attempt to Cloak Actions as Seeking Shelter

September 15, 2016 No Comments

The Georgia Court of Appeals upheld a Fulton County burglary conviction, dismissing the defendant’s claim that he entered the property seeking shelter.

According to court records, the man was caught removing door hinges after breaking a porch door, and valuables inside the home suggested intent to steal. The defendant also challenged the trial court’s refusal to include criminal trespass as a lesser offense, but the Appeals Court found no evidence to support that instruction.

The Court further dismissed arguments about jury instructions and ineffective counsel, ruling that the trial court’s process and the defense attorney’s actions were appropriate. This case illustrates how Georgia courts interpret burglary intent under O.C.G.A. § 16-7-1 and underscores the importance of experienced representation in criminal trials.

You Have the Right to Remain Silento?

August 18, 2016 No Comments

The Miranda rights—a cornerstone of American criminal law—are designed to protect individuals during police questioning. But what happens when they’re mistranslated?

The American Bar Association’s Special Committee on Hispanic Legal Rights is addressing this issue by standardizing the Spanish translation of Miranda rights. Currently, many officers rely on their limited Spanish skills or unqualified translators, often leading to errors that can dramatically affect court outcomes.

Boundaries for Campus Police Jurisdiction

August 8, 2016 No Comments

The Supreme Court of Georgia recently clarified the limits of campus police authority in DUI and traffic-related arrests. The ruling arose from a Cobb County State Court case, where a Kennesaw State University police officer arrested a driver off campus for DUI, failing to maintain lane, and operating without headlights.

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.

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.