Legal Blog

A Reference for Lawyers & the Public
Category  
April 22, 2024 Police Misrepresentations to T-Mobile Result in Suppression of Evidence in Rape Case

In State v. Gunsby, the Georgia Court of Appeals held that the trial court properly suppressed evidence that was discovered…

August 23, 2022 Trial Court Erroneously Admits Prior Convictions Against Defendant in Rape Trial

In Johnson v. State, the defendant appealed his convictions for rape and aggravated assault. He argued several grounds on appeal…

April 13, 2021 Rape Indictment Dismissed Due to Statute of Limitations Issue

In State v. Campbell, the Georgia Court of Appeals affirmed the dismissal of a rape indictment where the indictment failed…

January 4, 2021 Why the Georgia Statute of Limitations for Rape is Necessary

With statutes of limitations, the criminal judicial system tries to strike a balance between the needs of victims and the…

July 14, 2020 Case Remanded for Ruling on Admissibility of Prior False Allegation

The Court of Appeals had initially ruled that the evidence was likely admissible under the prior precedent established by Smith…

November 2, 2019 Court Rules that Intoxication Made Victim Unable to Consent

In Johnson v. State, the defendant was drinking with his ex-wife and her friend. The three of them became intoxicated…

August 14, 2019 Court Affirms Rape Conviction Despite Apparent Jury Instruction Issues

The Court also found that while it was error for the trial court not to notify the parties until after…

June 20, 2019 Georgia Supreme Court Rules That Victim’s Prior False Allegations Are Admissible

While the Court held that its prior decisions, which have been relied on for decades, were wrongly decided, the Court…

February 8, 2019 Court Approves Defense’s Use of Rape Shield But Overrules Decades of Case Law

In this case, the State sought to introduce evidence that the alleged child victim was engaging in sexual acts with…

January 25, 2019 Court Affirms Exclusion of Other Sexual Acts by Defendant in Rape Trial

In State v. Isham, the defendant is accused of offering a woman a ride home from a shopping center and…

January 10, 2019 Supreme Court to Review Admissibility of Prior False Allegations

This has the potential to be a major decision affecting the rights of people charged with sex offenses in Georgia…

September 14, 2018 Court Finds Evidence Insufficient to Support Statutory Rape Conviction

In this case that was previously decided by the Court of Appeals (see our previous post, Court of Appeals Highlights…

GeorgiaTrend Legal Elite Super Lawers National Trial Lawyers Top 100 National Academy of Criminal Defense Attorneys AVVO 10.0 Superb Rating, Criminal Defense AVVO Clients' Choice Award, Criminal Defense - 2015