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January 27, 2016 GA Supreme Court Vacates Sexual Battery Conviction on Habeas

The evidence showed that six years prior to the alleged offense, the defendant suffered a series of strokes that resulted…

January 11, 2016 Court Rules No Standing to Contest Search of Lost Cell Phone

The defendants inadvertently left their smartphone in a Florida Walmart where it was discovered by an employee. Having made contact…

December 16, 2015 Court Reverses Rape Conviction Due to Violation of Right to Counsel

In 1981, the defendant was tried in Columbus, GA on two counts of rape, two counts of aggravated sodomy, and…

November 19, 2015 GA Supreme Court Finds Computer Pornography Indictment Defective

The defendant in this case was a high school employee who became Facebook friends with a 15 year-old student at…

November 12, 2015 Conviction Affirmed Despite Comments on Pre-Arrest Silence

The defendant was charged with child molestation and enticing a child for indecent purposes in connection with alleged incidents involving…

November 10, 2015 Court of Appeals Limits Ability to Deviate from Mandatory Minimums

The defendant was convicted of one count of child molestation and one count of sexual exploitation of children. At sentencing, the…

November 3, 2015 Georgia Court of Appeals Sustains Demurrer in Molestation Case

The defendant filed a special demurrer to quash the indictment on the grounds that the State failed to sufficiently narrow…

October 22, 2015 Despite Issues at Trial Court Finds Child Hearsay Statements Admissible

The defendant was convicted of aggravated child molestation following an alleged incident involving his girlfriend’s 4 year-old niece. The child…

October 19, 2015 Circuits Split on Whether Warrant is Required for Cell Tower Records

The Fourth Circuit Court of Appeals held that cell phone users have a reasonable expectation of privacy in their “cell-site…

October 12, 2015 Consent Element Must Now be Proven in Child Sexual Battery Cases

Sexual battery is defined as intentional physical contact with the “intimate parts” of another person without consent. Intimate parts generally…

October 5, 2015 Supreme Court Tosses Search Warrant in Child Pornography Case

FBI agents received information from German authorities that a certain IP address had been used to access a child pornography…

October 1, 2015 Court Reverses Sexual Battery Conviction on Erroneous Jury Charge

The defendant was indicted for the offense of aggravated sexual battery. The indictment charged him with inserting his finger into…

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