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Exception of Hearsay in Clarke County Superior Court

June 12, 2016 No Comments

The Georgia Court of Appeals recently affirmed a Clarke County Superior Court decision in a murder and aggravated assault case, ruling that hearsay evidence was properly admitted under the state’s necessity exception.

Defendant Dorunte Williams appealed his conviction for malice murder, aggravated assault involving family violence, and possession of a firearm during the commission of a felony, arguing that the trial court improperly allowed hearsay testimony.

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.

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.

A Recidivist Appeals on Sentencing

June 2, 2016 No Comments

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.

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 Permits Transfer of Juvenile Case to Superior Court

May 26, 2016 No Comments

The Georgia Court of Appeals recently upheld a decision by the Glynn Juvenile Court to transfer a 15-year-old’s case to superior court, ruling that the court correctly applied O.C.G.A. § 15-11-562.

The teenager, identified as T.S., faced allegations that would constitute burglary, theft by taking, criminal trespass, and gang activity if committed by an adult. T.S. appealed the transfer decision, arguing that the juvenile court misapplied the statute and based its ruling solely on the severity of the alleged offenses.

Exception of Hearsay in Clarke County Superior Court

Court of Appeals Denies Grant of New Trial

Spoliation of Evidence in Medical Malpractice Case

A Recidivist Appeals on Sentencing

Gwinnett Superior Court convicted Adam Wells of armed robbery

Georgia Court of Appeals Permits Transfer of Juvenile Case to Superior Court

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