Nearly 20 years after a 2006 Cobb County sexual assault, DNA evidence has linked the so-called “West Georgia Monster” to the crime, marking his first prosecution outside Douglas County.
A road rage encounter in Georgia escalated when a pickup driver fired paint pellets at another car, striking the driver in the forehead. Police later arrested the man, who now faces aggravated assault and reckless conduct charges. Incidents like this highlight how quickly aggressive driving can turn into a serious criminal case. A skilled Marietta criminal defense attorney can help those facing assault or road rage charges in Cobb, Bartow, or Paulding County understand their rights and options under Georgia law.
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.
The Georgia Court of Appeals has upheld the conviction of Tony Robinson, who was found guilty in Clayton County after a domestic dispute turned violent. Robinson threw a concrete slab through his girlfriend’s windshield while her young son was inside the car, claiming he acted in self-defense.
The trial court found insufficient evidence to support his self-defense claim, citing testimony from the victim and her son that she never attempted to hit him with her car. The Court of Appeals affirmed the conviction, agreeing that “credibility issues” are the jury’s responsibility and that evidence of Robinson’s prior legal troubles was properly admitted.
The Georgia Court of Appeals overturned the conviction of Kevin A. Williams, who had been wrongly found guilty of driving without a license in DeKalb County.
Mr. Williams was stopped for speeding, but the trial court misapplied Georgia’s licensing laws, confusing O.C.G.A. § 40-5-20 with O.C.G.A. § 40-5-121, which governs suspended licenses. The Court of Appeals found that the trial court failed to inform Williams of the risks of self-representation and allowed hearsay evidence to be admitted without objection.
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).
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.
The Georgia Court of Appeals reviewed the case of Devante Bynes, who was convicted in Chatham Superior Court of armed robbery and harming a police dog. Mr. Bynes argued on appeal that the prosecution failed to prove he knew the dog was a law enforcement animal and that his actions were in self-defense after being bitten.
The Court of Appeals upheld the armed robbery conviction, noting that Mr. Bynes fled from police, hid in a crawlspace, and choked the K-9 officer into unconsciousness while resisting arrest. However, the Court also determined that the trial court erred in sentencing, having imposed a punishment that exceeded statutory limits.
The Georgia Court of Appeals recently clarified the legal definition of child molestation and what constitutes being “in the presence of” a victim under O.C.G.A. § 16-6-4.
In this case, Jason Prophitt was convicted in Echols Superior Court after spying on his daughter’s friend through a floor vent while she showered. The court found him guilty of child molestation, citing his indecent act involving a minor.
The Georgia Court of Appeals overturned a Cherokee County State Court decision that had previously suppressed the results of a DUI breathalyzer test.
In the original ruling, the trial court found that defendant Scott Depol was too impaired to voluntarily consent to testing, despite having probable cause for arrest. However, upon review of the police video footage, the Appeals Court concluded otherwise.
