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  • The State v. Smith et al.

    Publication Date: 2018-02-16
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Boggs
    Attorneys: For plaintiff: Frank M. Pennington, II, Margaret Ellen Heap, Christine Sieger Barker (Office of the District Attorney Eastern Judicial Circuit), Savannah, for appellant.
    for defendant: Solomon Adeoye Amusan (The Amusan Law Firm, PC), Savannah; Richard M. Darden (Darden Law Firm), Savannah; Caroline Heather Bradley (Richard M. Darden PC), Savannah; Thomas Raymond Bateski (Thomas R. Bateski, Esq PC), Savannah; Martin Gregory Hilliard (Martin G. Hilliard PC), Savannah; Steven Lee Sparger, Savannah, for appellee.
    Case Number: S17A1992

    The trial court erred in granting defendant's motion in limine to exclude a statement one of his co-defendants made because the statement did not directly inculpate defendant so the trial court should have concluded that the statement would be admissible against the co-defendant with an instruction to the jury to consider the statement only against him.

  • In The Interest Of T. W., a child.

    Publication Date: 2018-02-14
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: Willymena Joseph (Georgia Public Defender Council), Brunswick, for appellant.
    for defendant: Jacquelyn Johnson (District Attorney), Brunswick; Thomas Buscemi (District Attorney's Office, Brunswick Judicial Circuit), Brunswick, for appellee.
    Case Number: A17A1681

    The Court reversed the adjudication of delinquency to the extent it was based upon a finding that juvenile had participated in criminal street gang activity because evidence showing that juvenile was with gang members and accepted a gun from a gang member was legally insufficient to support the ruling.

  • Roberts v. The State

    Publication Date: 2018-02-14
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge Dillard
    Attorneys: For plaintiff: Brandon Lewis (Attorney at Law), Norcross, for appellant.
    for defendant: Anna Cross (County District Attorney's Office), Decatur; Sherry Boston (DeKalb County District Attorney), Decatur, for appellee.
    Case Number: A17A1608

    The evidence supported defendant's convictions for violating the Georgia RICO Act, identity fraud, financial-transaction-card fraud and exploitation of an elder person arising out of a scheme in which she called senior citizens, claimed that she was a representative of a power company, and informed them that their utility bill had not been paid and that their power would be cut off if they did not provide her with credit card, bank account or other personal and financial information, which she then used to obtain cash or buy things.

  • Jordan v. The State

    Publication Date: 2018-02-14
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge McMillian
    Attorneys: For plaintiff: David Walker (Appellate Division-GPDC), Macon, for appellant.
    for defendant: Benjamin Coker (District Attorney), Thomaston; Brittany Fallin (Upson County District Attorney's Office), Thomaston, for appellee.
    Case Number: A17A1580

    The evidence supported defendants' convictions for armed robbery and the trial court did not abuse its discretion in refusing to postpone the proceedings until a new jury venire could be convened after defendants failed to timely return to court after lunch and the trial court issued bench warrants for their arrest in the presence of the prospective jurors.

  • Lester v. The State

    Publication Date: 2018-02-12
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Rickman
    Attorneys: For plaintiff: Kevin A. Anderson, for appellant.
    for defendant: Paul L. Howard, Jr., District Attorney, F. McDonald Wakeford IV, Assistant District Attorney, for appellee.
    Case Number: A17A1007

    The Court affirmed defendant's conviction for aggravated assault for striking his former girlfriend in the face with a pool stick, ultimately resulting in the loss of her eye, as the trial court did not abuse its discretion in barring defendant's counsel from asking certain questions during voir dire and did not err in denying defendant's motion to strike the venire after State displayed demonstrative versions of a pool stick in the courtroom during voir dire.

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  • West v. The State

    Publication Date: 2018-02-12
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Ray
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A17A2020

    The trial court properly granted State's motion in limine seeking to prohibit any testimony or evidence about defendant's belief that the victim was over the age of consent in his trial on two counts each of child molestation and statutory rape because a defendant's knowledge of the age of the victim is not an essential element of either crime and, therefore, it was no defense that the accused reasonably believed that the victim was of the age of consent.

  • Whaley v. The State

    Publication Date: 2018-02-09
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Rickman
    Attorneys: For plaintiff: The Merchant Law Firm, Ashleigh B. Merchant, John B. Merchant III, for appellant.
    for defendant: D. Victor Reynolds, District Attorney, Amelia G. Pray, John S. Melvin, Assistant District Attorneys, for appellee.
    Case Number: A17A0848

    The evidence supported defendant's conviction on one count of violation of Georgias RICO Act for acquiring money and property through a pattern of racketeering activity in violation of O.C.G.A. § 16-14-4 (a) and the trial court did not plainly err in admitting extrinsic act evidence of defendant's prior guilty plea to theft by taking.

  • MacMaster v. The State

    Publication Date: 2018-01-24
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Rafe Banks (Banks, Stubbs & McFarland, LLP), Cumming, for appellant.
    for defendant: William Finch (Solicitor General of Forsyth County), Cumming; Caroline Yi (Forsyth County Solicitor's Office), Cumming, for appellee.
    Case Number: A17A2083

    The trial court properly denied DUI defendant's motion in limine to exclude the admission of the results of the State-administered breath test, any evidence of her consent to the State-administered breath test and her refusal to take the Alco-Sensor test.

  • Adams v. The State

    Publication Date: 2018-01-12
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Samuel Sliger (McDonald & Cody, LLC), Cornelia, for appellant.
    for defendant: Stephanie Woodard (Solicitor General), Gainesville; Michael George (Hall County Solicitor General's Office), Gainesville, for appellee.
    Case Number: A17A1977

    In defendant's DUI trial, the trial court did not err in allowing State to introduce evidence of defendant's prior DUI arrest and evidence of an administrative license suspension stipulation in which the arresting officer and defense counsel agreed that defendant would enter a guilty plea to a DUI charge in the criminal case in exchange for the officer withdrawing his sworn report and suspending the license suspension proceeding.

  • Spencer v. The State

    Publication Date: 2018-01-04
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Thomas Thomas (Attorney at Law), Atlanta, for appellant.
    for defendant: John Pipkin (Solicitor General), McDonough, William Kennedy (Henry County State Court Solicitor General's Office), McDonough, for appellee.
    Case Number: A16A0118

    The trial court erred in admitting a police officer's testimony correlating the results of a Horizontal Gaze Nystagmus test with a numeric blood alcohol content because the evidence State presented was insufficient to establish the scientific validity or reliability of any correlation and the officer's testimony correlating the results of the HGN test with a numeric BAC was thus admitted without a sufficient foundation; accordingly, the Court reversed defendant's DUI-less safe conviction and sentence.