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November 19, 2014 No Standing to Contest Search Warrant for ISP Subscriber Information

In this case, a detective from the Cherokee County Sheriff’s Office obtained a search warrant from the Cherokee County Magistrate…

November 18, 2014 GA Supreme Court Reversal in Murder Case Due to Improper Exclusion of Evidence

The defendant did not dispute the fact that he was responsible for the death of his wife. However, he argued…

November 17, 2014 Court Acknowledges Issues with GA’s Sexual Battery Statute

The defendant argued that with respect to the sexual battery counts, the jury should not have been instructed that a…

November 14, 2014 GA Court of Appeals Reinstates Conviction in Molestation Case

The Georgia Court of Appeals, however, reversed the trial court’s decision and reinstated the defendant’s convictions. The Court held that…

November 11, 2014 Court of Appeals Ruling Expands Character Evidence in Molestation Cases

The Court held that under Georgia’s new evidence code, when the defendant’s character is an essential element of his defense,…

November 10, 2014 GA Supreme Court: No Standing to Contest Illegally Obtained Text Messages

Although the police failed to obtain a search warrant for the records, as required by Federal and Georgia law, the…

October 30, 2014 “Truth or Dare” Leads to Child Molestation Conviction

The record showed that in April 2011, the defendant lived with his wife, their two young children, and his 12…

October 29, 2014 GA Rape Conviction Reversed Due to State’s Failure to Prove Venue

The Court held that the trial court properly found that the State failed to prove venue in Fulton County. The…

October 15, 2014 GA Court of Appeals Affirms Expert Testimony on Rape Victim Behavior

The Court held that an expert witness may testify as to certain typical patterns of behavior exhibited by victims of…

October 13, 2014 Improper Judicial Comment Leads to Reversal in Georgia Murder Case

The defendant had given three statements to the police. He was only advised of his Miranda rights before giving the…

September 4, 2014 GA Court of Appeals Reverses Sodomy Conviction

The trial court instructed the jury that the offense of sodomy is committed if the defendant “perform[ed] a sexual act…

September 2, 2014 Reference to Duke Lacrosse Case in Defense’s Closing is Permissible

During closing, Johnson’s defense attorney argued that there had been “numerous famous instances of false cries of rape. We don’t…

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