Georgia Supreme Court - Marietta Attorneys Dean Phillips Law Office

Lack of Corroboration Frees Alleged Murderer

July 21, 2016 No Comments

The Georgia Supreme Court overturned a Fulton County murder conviction after determining that the trial court failed to apply the state’s corroboration rule for accomplice testimony.

The defendant was originally convicted of murder and possession of a firearm during the commission of a felony, but his appeal revealed a key flaw in the court’s jury instructions. The trial judge told jurors that “particular facts could be established based on the testimony of a single witness.” However, under former O.C.G.A. § 24-4-8, when a witness is an accomplice, their testimony must be corroborated by additional evidence.

New Trial on General Grounds Denied

July 21, 2016 No Comments

The Georgia Supreme Court upheld a DeKalb County murder conviction, rejecting a defendant’s request for a new trial on general grounds.

The defendant, found guilty of malice murder and firearm possession by a first-offender probationer, claimed that the evidence did not support the verdict. However, the Court ruled that the trial judge acted within the law, determining that the evidence sufficiently supported the conviction and that the defendant received a fair trial.

Proving Intent is not a Requirement in Felony Murder

July 18, 2016 No Comments

The Georgia Supreme Court reaffirmed that proving intent to kill is not required for a felony murder conviction.

A Liberty County man was convicted of felony murder in the tragic death of his seven-month-old daughter after shaking her in an attempt to clear mucus. The defendant argued that the prosecution failed to prove he intended to kill his child, but the Court explained that under Georgia law, the intent element applies to the underlying felony, not to the killing itself.

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.

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’s Supreme Court Determines Effectiveness of Trial Counsel

July 12, 2016 No Comments

The Georgia Supreme Court upheld the Randolph County conviction of a defendant found guilty of murder, aggravated assault, and child cruelty.

The defendant argued that his trial counsel was ineffective, claiming his attorney failed to secure an expert witness for an insanity defense and neglected to suppress incriminating hospital statements.

Georgia’s Supreme Court Upheld Accused Murderer’s Right to Counsel

June 21, 2016 No Comments

The Supreme Court of Georgia reaffirmed a defendant’s constitutional right to counsel in a recent ruling involving Brandon Philpot, who was accused of murder and aggravated assault.

During police interrogation, Mr. Philpot requested his attorney, but officers continued questioning him despite his clear statements to contact his lawyer. Fulton Superior Court suppressed his confession, determining that the interrogation violated his rights.

Georgia’s Supreme Court Determines Merger of Assault and Battery

June 17, 2016 No Comments

The Supreme Court of Georgia recently clarified when aggravated assault and aggravated battery charges should merge under state law.

In this case, Steven Regent was convicted in Fulton County of both charges after attacking his girlfriend with a knife. The Georgia Court of Appeals initially upheld the conviction, but the Supreme Court determined that both offenses arose from the same act and should be merged under O.C.G.A. § 16-1-6 (2).

Georgia’s Supreme Court Offers Value to Dog’s Life

June 12, 2016 No Comments

The Georgia Supreme Court recently addressed a landmark case that expanded how courts view the value of pets in negligence claims.

Robert and Elizabeth Monyak sued Barking Hound Village after their dog, Lola, died from being given the wrong medication. The lower courts limited recovery to Lola’s fair market value, but the Supreme Court clarified that owners may also recover reasonable veterinary expenses incurred due to another party’s negligence.

Medical malpractice attorney marietta ga

Spoliation of Evidence in Medical Malpractice Case

June 12, 2016 No Comments

The Georgia Supreme Court recently issued a key ruling clarifying when the duty to preserve evidence arises in a medical malpractice case.

The case involved Lee Phillips and Santhonia Hector, who sued Henry Medical Center after their child suffered severe injuries during birth. The plaintiffs claimed that the hospital destroyed fetal heart monitor strips, which were vital to proving their case, and asked the court to issue a spoliation charge—a legal instruction to the jury about destroyed evidence.