The Court held that the judge’s statement could have been construed by the jury as a comment on the evidence…
August 12, 2013 11th Circuit Denies Habeas Review for Juvenile with Federal Life SentenceMorgan unsuccessfully sought an order from the district court to consider a second or successive motion to vacate or correct…
August 8, 2013 GA Court of Appeals Reinstates Loitering ConvictionInitially, the trial court granted the defendant a new trial in response to his claim that the accusation was defective….
August 6, 2013 GA Court of Appeals Reverses Theft Conviction Due to Improper VenueUnder Georgia law, venue for a theft by deception offense is proper in any county in which the defendant exercised…
July 29, 2013 GA Supreme Court Permits Revisit of Pretrial Self-Defense OrderHipp was arrested for pulling out a knife during a fight and was subsequently indicted for aggravated assault and simple…
July 25, 2013 Georgia Court of Appeals Clarifies Plain Error ReviewIn doing so, the Court clarified the circumstances under which plain error review will be applicable. Central to the case…
July 18, 2013 GA Court of Appeals Reverses Conviction for Giving False NameThe defendant possessed a valid Georgia driver’s license with one name, but his fingerprints in the FBI database corresponded with…
July 11, 2013 GA Supreme Court Applies Rule of Lenity in Identity Fraud CaseMcNair was charged for the theft and use of another’s credit card under Georgia’s identity fraud statute. He was tried…
July 1, 2013 GA Supreme Court Upholds Prosecution in Medicaid Fraud CaseThe defendant, Dr. Cecil Malloy, was indicted on two counts of Medicaid fraud in DeKalb County Superior Court. Prior to…
June 17, 2013 GA Court of Appeals Holds Verbal Waiver of Indictment InsufficientIn Martinez v. State, the Georgia Court of Appeals reversed the defendant’s aggravated assault conviction, holding that the verbal waiver…
June 10, 2013 GA Court of Appeals Affirms Forfeiture Due to Defective PleadingsIn 2012, Crisp County law enforcement seized approximately nine ounces of marijuana in addition to $4,269 and a 2006 Ford…
June 5, 2013 Georgia Forfeiture Remanded For Consideration of Excessive Fine IssueThe Court remanded the case with instructions to the trial court to perform the requisite analysis to determine whether the…