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October 10, 2017 Court of Appeals Affirms Exclusion of Child Hearsay Statements

The evidence showed that in 2015 the alleged victim told her aunt that the defendant, her father, had molested her…

September 29, 2017 Jury Charge on Aggravated Sexual Battery Leads to Reversal

The trial court instructed the jury that a person commits the offense of aggravated sexual battery when he intentionally penetrates…

September 17, 2017 Court of Appeals Highlights Problems with Rape Shield Statute

The case began when the 13-year-old alleged victim became pregnant and accused the defendant of being the father. She first…

August 10, 2017 Denial of Motion to Withdraw Guilty Plea Affirmed

The Court found that the defendant failed to prove that he had placed any particular emphasis on parole eligibility in…

July 19, 2017 Court Affirms Dismissal of Sexual Battery Charges Against Deputy

On two occasions, the defendant confiscated cell phones belonging to women which had gone off in the courtroom. It was…

July 8, 2017 New Trial Granted for Defendant in Molestation Case

At trial, the evidence showed that the 12-year-old alleged victim and her cousin visited the defendant’s house. The alleged victim…

June 22, 2017 Error in Sexual Battery Instruction Found Not to be Plain Error

The Court found that the instructions as a whole properly instructed the jury on the law and that the defendant…

June 14, 2017 Court Rules that Prior Act from 35 Years Ago is Admissible

The defendant, a child psychologist, was indicted on seven counts of child molestation and one count of sexual exploitation of…

June 8, 2017 Georgia Prosecutor Avoids Discipline For Brady Violation

A week prior to trial, the prosecutor interviewed the child, who denied that the accused had ever touched his butt,…

May 22, 2017 Conviction Affirmed Despite Issues with Victim’s Credibility

The Court also held that despite the alleged victim’s credibility issues, the evidence did not warrant the granting of a…

May 9, 2017 Molestation Defendant Must Show How Inadequate Notice Harmed Defense

The defendant was accused of molesting his girlfriend’s 7 and 8-year-old granddaughters. At trial, he was convicted of six counts…

April 25, 2017 Georgia Court of Appeals Affirms Dismissal of Rape Indictment

The Court held that the statute of limitations was not tolled since the defendant’s identity was not “unknown” to the…

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