Criminal Appeals
Georgia Appeals Attorneys and Appellate Lawyers
Georgia Appeals Court Overturns Convictions from Online Child Prostitution Sting
In a recent decision, the Georgia Court of Appeals overturned the convictions of a Georgia man who was caught up in an online child prostitution sting operation. The case is an important one both because it forces Georgia trial courts to be careful where the criminal statute doesn’t fit the crime charged, and because it makes clear that in certain circumstances, a defendant can argue both that he didn’t commit a crime, and that he was entrapped. In State v. ...
Georgia Court of Appeals Reverses Drug Conviction Due to Unlawful Search
In an opinion released June 30th, the Georgia Court of Appeals overturned the conviction of Leonel A. Dominguez for possession of methamphetamine with intent to distribute. It found that Mr. Dominguez was wrongfully detained and his car unlawfully searched, and thus that his conviction could not stand. This decision reaffirms the Fourth Amendment right of all Americans to be free from unreasonable searches and seizures. It also sends a message to Georgia law enforcement officers that their arrests will not ...
Georgia appeals court limits “pat-down” searches and “safety frisks”
The Court of Appeals recently reaffirmed the long standing rule that an officer who conducts a traffic stop must have a particularized suspicion that an occupant of the vehicle poses a safety threat before the occupant can be patted-down. The Court went on to hold that this rule holds true even if the officer intends to search the vehicle. In Molina v. State, a Gwinnett County case, an officer conducted a traffic stop of a pickup truck after noticing a broken ...
Georgia Supreme Court upholds sex offender registration for non-sex offenses
On Monday, the Georgia Supreme Court upheld a state law which requires individuals convicted of falsely imprisoning or kidnapping a minor to register as a sex offender. The law has been widely criticized by many including Georgia sheriffs who say that the law takes resources away from monitoring the true sex offenders. The appeal was brought by Jake Rainer, a Gwinnett County man, who was convicted of robbing a 17 year old girl during a drug sale. Rainer held the girl ...
