ineffective counsel - Marietta Attorneys Dean Phillips Law Office

Georgia Appeals Court Explains Cumulative Evidence

December 14, 2016 No Comments

When a conviction is challenged in Georgia, appellate courts often evaluate whether legal missteps truly impacted the outcome. In a recent case, the Georgia Court of Appeals upheld convictions despite valid defense claims—ruling that the cumulative evidence was still strong enough to support the verdict. Understanding how courts apply the cumulative evidence standard can make all the difference in building or appealing a criminal defense case in Cobb, Bartow, or Paulding County.

Defendant’s Battered Person Syndrome

October 25, 2016 No Comments

The Georgia Court of Appeals has granted a new trial for a woman convicted of aggravated assault in Cobb County after determining her defense attorney failed to introduce evidence of Battered Person Syndrome (BPS). The Court noted that expert testimony could have supported her justification defense and helped the jury understand her response to years of abuse. The ruling underscores how effective legal counsel and awareness of trauma-based defenses can significantly impact the outcome of criminal cases in Georgia.

Georgia’s Child Hearsay Statute Prevents Trial Counsel from Objecting

September 13, 2016 No Comments

The Georgia Court of Appeals upheld multiple Gwinnett County child molestation convictions, finding that the defendant’s attorney acted reasonably under Georgia’s Child Hearsay Statute.

The defendant claimed ineffective counsel, arguing his attorney failed to object to several witnesses who testified about the victim’s statements. The Appeals Court, however, explained that the statute permits certain out-of-court statements made before a child turns 16, and that objections would have had no merit.

Additionally, the Court supported the attorney’s strategic decision not to object to a nurse examiner’s testimony, noting that doing so could have alienated the jury. The ruling affirms the importance of Georgia’s hearsay laws and illustrates how defense strategy and admissible evidence intersect in sensitive criminal cases.

Georgia’s Supreme Court Weighs Factors of Effective Counsel

July 21, 2016 No Comments

The Supreme Court of Georgia reviewed a Gwinnett County murder case involving claims of ineffective assistance of counsel. The defendant, convicted of malice murder, burglary, and multiple firearm charges, sought a new trial, alleging that his attorney’s performance had compromised his defense.

The Court found no evidence supporting the defendant’s claims. The justices ruled that the trial attorney’s strategic decisions, including his approach to witness testimony and handling of procedural issues, were reasonable and did not constitute ineffective representation.

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.

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.