Atlanta, GA
Appeals Lawyer at Atlanta, GA
Practice Areas: Appeals
OUTCOME: Vacated and remanded.
There was not sufficient evidence that the fair market value of damage to each of ten different air conditioning units exceeded $500 to support conviction for ten counts of second-degree damage to prop ... erty.
OUTCOME: Reversed
In this unpublished opinion, the Court of Appeals determined that Nighthawk was entitled to a new trial because the jury was not sworn before deliberations began.
OUTCOME: Reversed and remanded.
Although there was sufficient evidence supporting Jackson's convictions for incest, statutory rape, and other crimes against his step-daughter, the Georgia Court of Appeals agreed that the trial court ... erred by closing the courtroom during the step-daughter's testimony without making findings adequate to support the closure. The only adequate remedy was a new trial.
OUTCOME: Affirmed; remanded for resentencing.
The defendant's convictions for two counts of felony obstruction merged for purposes of sentencing; defendant knowingly and willfully resisted officers as they placed his under arrest, defendant's resi ... stance lasted only a few seconds and affected both officers simultaneously, and identical facts were relied upon to establish the commission of the crime against each officer.
OUTCOME: Reversed
In this child molestation case, the Georgia Court of Appeals agreed that the State was not entitled to impeach the credibility of the victim's mother regarding her opinion of defendant's truthfulness ... by questioning her about defendant's prior arrests for offenses unrelated to truthfulness, and mother had already testified that she was aware of defendant's prior arrests and that they did not change her opinion of his character. The Court found that the admission of defendant's prior arrests was not harmless since the jury was presented with conflicting witness testimony, there was no medical evidence to support charges, victim's description of extent of defendant's conduct varied over time, and victim refused to testify about incident at trial. Case reversed for a new trial.
OUTCOME: Affirmed in part, vacated in part, and remanded.
The Georgia Court of Appeals agreed that the trial court erred by failing to merge two counts of burglary. The sentence was vacated and remanded for resentencing on one count of burglary.
OUTCOME: Affirmed
The trial judge granted a new trial after I demonstrated that the trial attorney was ineffective for failing to present or interview alleged exculpatory witnesses in the defendant's trial for aggravate ... d assault, false imprisonment, criminal trespass, and battery. I presented evidence that trial counsel did not attempt to locate one witness at all, and that counsel did not attempt to locate or interview another witness until shortly before trial, at which point the information provided by the defendant was stale. The State appealed, but the Court of Appeals affirmed, holding that a new trial was properly granted because it is trial counsel's obligation to conduct a reasonable and thorough pretrial investigation, including locating and interviewing potential witnesses.
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