outstanding warrant

A Recidivist Appeals on Sentencing

The Georgia Supreme Court recently ruled in favor of a Fulton County defendant who challenged his recidivist sentencing under O.C.G.A. § 17-10-7 (c).

A Fulton County jury had convicted Hopton Hyde of multiple charges, including malice murder, aggravated assault, and felony murder, sentencing him to life without parole. Hyde filed a motion to vacate his sentence, arguing that the version of the recidivist statute used during his sentencing was enacted after the date of his crime in 1999.

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gavel

Supreme Court of Georgia Defines Sufficient Evidence for Child Pornography in Search Warrant

The Supreme Court of Georgia recently reversed a decision by the Court of Appeals regarding a child pornography investigation, finding that the search warrant affidavit used in the case lacked sufficient probable cause.

The case involved Michael S. Shirley, whose home was searched after an FBI Task Force received information from German authorities. While the Gwinnett Superior Court originally denied Mr. Shirley’s Motion to Suppress, believing the warrant to be valid, the Georgia Supreme Court found the affidavit supporting the warrant too vague to justify a lawful search.

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hearsay

Georgia Supreme Court Defines Hearsay in Prosecutor’s Indictment

The Georgia Supreme Court has clarified what constitutes hearsay evidence in a criminal prosecution involving alleged gang and racketeering activities.

In a case before DeKalb Superior Court, prosecutors attempted to introduce a federal indictment charging unrelated defendants as evidence in a Georgia RICO and Street Gang Terrorism trial. The State argued that the indictment demonstrated motive and criminal intent under O.C.G.A. § 24-4-404(b).

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