A defendant appealed his case after a jury convicted of him of crimes that he was not charged with. Brooks v. State, A11A1366. Brooks was charged and convicted of rape, aggravated sodomy, aggravated assault, kidnapping, and possession of a firearm during a felony. He claimed that the judge erred in refusing to sever his case from a co-defendant, Johnson. The Court of Appeals agreed that Brooks was prejudiced by his joint trial with Johnson.
The Georgia Supreme Court has held that the exclusionary rule which protects a defendant’s Fourth Amendment rights against illegal searches and seizures does not apply during probation revocation hearings. State v. Thackston, S10G1337. The Supreme Court decision will allow for admission of evidence from illegal searches of people on probation to be admitted during their probation revocation hearing.
Defendants Mr. & Mrs. Smith were found guilty of felony murder, involuntary manslaughter, cruelty to children, aggravated assault, false imprisonment, and reckless conduct based on the couple's treatment of their eight-year-old son, which led to the child's death. Smith v. State, S10A1281. The case was tried before Judge James G. Bodiford, Cobb Superior Court.
The Supreme Court of Georgia reversed a man’s conviction for armed robbery, aggravated assault, and burglary because the defendant received ineffective assistance of counsel. Johnson v. State, S10G0617.
The Supreme Court of Georgia upheld the ruling of Fulton Superior Court Judge Henry Newkirk (pictured left) that a City of Atlanta Police Officer was immune from prosecution for the killing of 19 year-old Corey Ward.
The Georgia Supreme Court reversed a defendant’s guilty plea conviction because the judge’s participation in the plea bargain process was so great as to render the guilty plea involuntary. Pride v. Kemp, S11A0159.