Georgia Criminal Law - Marietta Attorneys Dean Phillips Law Office

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.

Trial Court Errors but Defendant Still Convicted

July 18, 2016 No Comments

The Georgia Supreme Court upheld a felony murder conviction despite the defendant’s claims of trial error and insufficient evidence.

The defendant, convicted in Dougherty County, argued that the jury charge was flawed and that the testimony against him—provided by an alleged accomplice—was unreliable. While the Court acknowledged a minor error in the jury instructions, it found enough independent evidence to support the verdict.

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.

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 Appeals Court Defines Defacement of Government Property

Trial Court Errors but Defendant Still Convicted

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

Georgia Appeals Court Provides Instruction on Sentencing a Repeat Offender

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