Trial judge refused to suppress search; overturned on appeal.
277 Ga. 543, 592 S.E.2d 668 (2004) - Georgia Supreme Court reversed trial judge's. This is part of the high court's holding:
"In Case Number S03A1414, the trial court correctly upheld the constitutionality of OCGA § 16–13–49(s)(1), but erred in finding the existence of probable cause to search Banks' residence for drugs. Accordingly, the judgment of forfeiture as to the contraband and the money must be reversed..."
Kenner and McDaniel get Death Sentence Lifted
Jan 01, 2006
Death penalty vacated and client was taken off death row.
In 2006, Mr. Kenner was appointed by Douglas County Superior Court Judge David Emerson to work on the defense team on a constitutional attack for an ill-advised plea in Fulton County. Mr. Kenner's efforts highlighted the denial of Martin's rights under Boykin, and vacated the death penalty. Mr. Kenner helped a condemned man appeal a death sentence imposed against De'Kelvin Martin in a gruesome triple murder case from a Fulton County pleas in 2002.
Capital Murder case resolved after Insanity Plea Rejected
Client charged with killing two teens and raping the female decides to change not guilty plea to GUILTY to avoid the death penalty. April 10, 2013
Defendant suspected of using date rape drug
Aug 19, 2002
State v. Stacey B. C.
DeKalb County Superior Court.
The Defendant (a former Marine) and a visiting Marine friend went to a popular nightclub to discuss previous military duty. While in line at one of the club’s bar two ladies approached the Defendant and his friend and they conversed for several minutes about the club. Sometime later the same two ladies came to the Defendant’s table, introduced themselves and initiated a conversation. They talked, drank, danced and later one lady announced she was having trouble breathing and asked the Defendant to escort her outside
for fresh air. Outside, the Defendant suggested they could sit in his automobile and listen to the radio. The lady agreed. The relationship progressed and soon both were sans clothing. A police officer routinely checking the parking lot found the couple in flagrante delicto and made inquiry. The lady, previously enthusiastic up to that time, suddenly appeared to lose consciousness and did not respond to the officer’s questioning. On being awakened by EMS, the lady appeared to be dazed and unresponsive. She denied knowing the Defendant, asserted she never consented to any familiarity and alleged someone must have put something in her drink. A DeKalb County Police Officer transported the alleged victim to DeKalb Medical Center for treatment. The Defendant was arrested and spent three weeks in jail prior to defense counsel obtaining a $40,000 bond. The State’s motion in limine to prohibit the defense from introducing a prior, similar non-substantiated rape outcry by the alleged victim was granted. The case went to a jury trial on August 19, 2002. The arresting officer, a Sergeant with the DeKalb County Police Department, testified that the Defendant and the alleged victim were undressed, the Defendant was engaged in apparent sexual intercourse with the alleged victim and she appeared to be unconscious when the officer first observed her. The alleged victim testified she did not remember anything and that someone (i.e., the Defendant) must have put a drug in her drink. The police never checked the video cameras inside and outside the nightclub and the tapes were taped over
before defense counsel was retained. The laboratory report was negative for drugs.
The defense was consent. The Defendant testified and performed a credible rendition of the victim’s solo dirty dancing routine. He testified she later asked to go outside and informed her friend she was going outside to get some fresh air. He described how they had walked past numerous officers inside the nightclub and had gone outside to his automobile which was 75 feet from 6-8 officers standing outside the club. The windows to the car were rolled down and any screaming would have been easily heard. When the arresting officer in a loud voice inquired as to what they doing, the Defendant testified the alleged victim had a
momentary startled look and then appeared to inexplicably lose consciousness. After a three day trial, the jury took less than 90 minutes to acquit.