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Recent Cases
State v. C.H., Superior Court of Carroll County
Our client was indicted for aggravated assault, malice murder, and felony murder following the shooting of a man who lived in his neighborhood. The key witness for the prosecution testified that the gentleman we represented walked across the street, pulled out a revolver, and shot the other man without provocation. However, the lady who owned the house where this woman was visiting told the jury that the two of them were watching television when they heard the gunshot and that the "eyewitness" was sitting with her back to the street. Therefore, it would have been impossible for her to have seen what she claimed to have seen.
Our client explained that he had taken a bag of tomatoes to a paraplegic confined to a wheelchair, who lived on the other side of a duplex from the decedent. When he left, the "victim" ran towards him with an enraged look on his face while holding his hand behind his back. Being justifiably afraid of this man and fearful for his life, the defendant shot him with a small handgun he carried for protection. During the course of the trial we established that the "victim" routinely carried large knives, one of which was a machete, that he had previously threatened other area residents with knives, and that he had been convicted of armed robbery and aggravated assault. The jury considered the case for about three and one-half hours before returning a "not guilty" verdict on all counts- felony murder, malice murder, and aggravated assault.
State v. M.M., Superior Court of Polk County
This young man was charged with criminal attempt to manufacture methamphetamine following his arrest in Cedartown. We showed the jury that all of the chemicals and other ingredients used to manufacture methamphetamine that were found in the car in which he was a passenger were either in the trunk, under the front seat, or in the console. We explained to the jury that our client was unaware that the materials were in the car and that he did not intend to manufacture methamphetamine. Our jury was out for less than an hour before finding him not guilty.
State v. O.C. (Not Indicted)
This gentleman was accused of child molestation and aggravated sodomy by his step-granddaughter, who frequently spent the night with him and his wife. He made the mistake of allowing the girl to sleep in a sleeping bag on the floor of the den where he frequently slept in his recliner. During our investigation managed to uncover evidence of drug usage, drinking, and sexual activity by the teenage accuser. We also confirmed that she had a reputation for dishonesty and brought several instances to the attention of the investigator. Arrest warrants for child molestation and aggravated sodomy were not issued, and the man was never indicted by a grand jury. Although a "not guilty" verdict may make the front page of the newspaper, quietly avoiding an arrest is even better for the client.
State v. M.S., Georgia Court of Appeals
Our client was charged with possession of methamphetamine following a search of his clothing and other belongings. The gentleman was staying at a local hotel when police answered a call from an employee who complained that the registered guest was using drugs. The police knocked on the door, which our client partially opened, and then walked in without an invitation but with weapons drawn. We challenged both the entry and the warrantless search. Although the client allegedly consented to the search of his pants, where the methamphetamine was found, the Court of Appeals agreed that his consent was tainted by the initial illegal entry and reversed his conviction for possession of methamphetamine.
State v. .K.E., State Court of Coweta County
This man had been in Newnan on a business trip when he turned the wrong way into the eastbound traffic lanes on Bullsboro Drive. He was stopped by a Coweta County deputy and charged with DUI, reckless driving, and driving on the wrong side of the road. One of our witnesses, who was also from out-of-state, testified that the intersection where our client turned left on outskirts of Newnan was one of the most poorly designed he had seen in years of business travel. The prosecutor thought he was being clever when he asked the witness if he had any trouble driving from the airport to Newnan that night. On re-direct examination I asked if he had ever had trouble in Coweta County on any other occasion, and he responded that he had. In fact, he had made the same mistake our client made at the same intersection. It took the jury thirty-five minutes to find our client not guilty of driving under the influence, reckless driving and driving on the wrong side of the road.
State v. E.C., Superior Court of Carroll County
Our female client was accused of trafficking in marijuana after police discovered 250 pounds of the drug had been stashed in a freezer at her Carroll County place of business following a failed burglary attempt at the business. We introduced evidence that her former husband had bought the freezer and asked her if he could store it in the back room of her business. Our client explained the nature of her relationship with her ex-husband and assured the jury that she was not guilty of either possession of marijuana or knowingly permitting it to be stored on the premises. We also showed the jury pay check stubs from a part-time job in Douglasville where she earned less than $200 per week and asked them why someone with a quarter million dollars worth of drugs would work for that kind of money. The jury returned a two-word verdict on the charge of trafficking in marijuana and the lesser included offense of possession of marijuana in about 45 minutes.
State v. R.B.D. , Georgia Court of Appeals
This man was accused of murder arising from the stabbing death of his brother. The trial judge allowed into evidence the statement of a witness who passed away before trial, although we had not had an opportunity to cross-examine the person. Despite this ruling, the jury did not find our client guilty of either malice murder or felony murder; they convicted him only of aggravated assault, and the judge sentenced him to ten years in the penitentiary. We appealed that conviction, and the Court of Appeals reversed the trial judge, holding that the statement of the deceased witness was inadmissible because it violated our client's right to confront the witnesses against him. When the case was returned to the trial court for re-trial on the aggravated assault charge, the prosecution offered him a plea to a probated sentence. We insisted on first offender probation, the district attorney agreed, and the court accepted the plea bargain. Our client left the courthouse a free man.
State v. W.S.C., Superior Court of Heard County
Our client was accused of kidnapping, mutiny in a penal institution, escape, and several other offenses. We told the jury that our client did not conspire with the other defendants who planned the scheme but simply followed them out the door of the Heard County Jail. Therefore, he was not guilty of the more serious offenses like kidnapping and mutiny in a penal institution. The jury agreed and found our client not guilty of all counts except the misdemeanor escape.
State v. A.C. (Not Indicted)
This man was accused of sexual misconduct involving a teenage girl. We discovered early on that one of her classmates had made the initial accusations, which had led to the involvement of school officials and then law enforcement. The investigator eventually decided not to obtain an arrest warrant for child molestation because we found that the young accusers frequently talked about sexual matters on their school bus and had made other claims that were proven to be false. This saved the man from the shame and unfavorable publicity that would have followed an arrest for child molestation. An arrest, even when followed by an acquittal, would have permanently remained on his criminal history.
State v. M.S., Superior Court of Paulding County
This young man was stopped by a Paulding County deputy sheriff as he drove on a two-lane road approaching Dallas. The officer claimed that he had failed to maintain lane and after a brief “investigation” arrested the client for driving under the influence of alcohol. About fifteen months later the district attorney in Paulding County finally issued an accusation formally charging the client with DUI. We then filed a Motion for Discharge and Acquittal alleging that our client’s right to a speedy trial had been violated. After the trial judge heard our client explain that he had experienced a falling out with a crucial witness who was now hostile, he granted the motion. The DA filed a motion for reconsideration, which the trial judge denied. The judge's order brought an end to this DUI case in Paulding County.
State v. T.B., Superior Court of Carroll County
This gentleman was accused of child molestation, aggravated sexual battery, and three lesser charges based on his daughter's allegations. At trial we established that her mother had threatened to send her to live with her father because she had been sneaking around and lying for several months. His lifestyle was more conservative, and he did not allow the girl to do certain things her mother permitted. While she was being interviewed at Scottish Rite Hospital the examiner stepped from the room for just a minute, and the daughter immediately began writing a love letter to her boyfriend, although she was supposedly despondent, worried, and highly traumatized. After hearing all the evidence the jury of eight women and four men took an hour to return a not guilty verdict on all counts, including child molestation and aggravated sexual battery.
