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February 8, 2018 Jailer’s Remarks to Defendant Not Grounds to Withdraw Plea

At the defendant’s hearing on his motion to withdraw his guilty plea, the defendant testified that the chief jailer, whom…

January 19, 2018 Misconduct by Prosecutor Does Not Bar Retrial on Molestation Charges

The record revealed that prior to trial, the trial court granted the defendant’s motion in limine to redact a portion…

January 5, 2018 Mistake of Fact Defense Still Being Debated in Georgia

The Court held that its previous decisions, in which it alluded to the possibility of a mistake of fact defense…

December 17, 2017 Mother’s Statements to Doctors Inadmissible at Molestation Trial

The record reflected that the alleged victim reported to her mother that the defendant, her stepfather, had molested her a…

November 19, 2017 Passports of Child Sex Offenders Will Note Their Convictions

To implement this change, the State Department will revoke the passports of these individuals and reissue the passport with the…

November 12, 2017 Appeal in Georgia Molestation Case Remanded Back to the Trial Court

The Court held that the trial court applied the wrong standard when reviewing the motion on the general grounds. The…

October 26, 2017 Other Act Evidence Must Pass Balancing Test for Admissibility

The defendant was indicted for child molestation and the State moved to introduce evidence of two prior unrelated allegations that…

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…

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