Criminal Appeals
Georgia Appeals Attorneys and Appellate Lawyers
Georgia appeals court upholds suppression of drugs obtained pursuant to an affidavit alleging false information
The Court of Appeals of Georgia recently upheld a trial court’s suppression of drugs found in a South Georgia home. The Court found that much of the information provided in the search warrant’s supporting affidavit was false, and as a result, there was not probable cause to believe that the home contained drugs. In State v. Willis, the defendant, Willis, was charged with trafficking in cocaine and possession of marijuana with intent to distribute. In May of 2008, the South Georgia ...
Criminal defense lawyers win speedy trial motions on appeal
The Court of Appeals of Georgia recently reversed the denials of motions to dismiss based on speedy trial grounds in two different cases. The court found that the 35 and 36 month delays were both presumptively prejudicial and violated a defendant’s right to a speedy trial under the four-part balancing test. In Davis v. State, the defendant, Davis, was arrested for kidnapping with bodily injury, burglary, armed robbery and aggravated assault in March of 2005. 17 months later he filed a ...
Georgia criminal defense attorney wins reversal of murder conviction based on state’s failure to disclose co-defendant’s altered plea agreement
The Supreme Court of Georgia recently held that the state’s failure to disclose a co-defendant’s changed sentence from the plea agreement, which allowed the co-defendant to potentially reduce his sentence after testifying against the defendant, robbed the defendant of his right to impeach the co-defendant by showing a motivation to lie. In State v. Gonnella, the defendant, Gonnella, was convicted of felony murder but acquitted of malice murder. On the night in question, Gonnella and his friend Evans drove to an ...
Georgia criminal defense lawyer wins reversal of drug conviction of a Walton County man due to improper traffic stop
The Court of Appeals of Georgia recently had to determine if a suspect could be briefly detained where the facts showed that he was driving slowly and looking into the woods of an area where an alleged car thief was hiding. The court held that on these facts alone a person could not be detained. In Thomas v. State, the defendant, Thomas, was convicted of possession of methamphetamine, possession of a firearm during a crime, and obstructing a police officer. The ...
