The defendant was arrested along with another individual for raping an underage girl. He was facing 25 to life. Our investigation revealed that the girl could not be telling the truth. For instance, the location where she claimed she was raped was in plain view of a busy road and the brush was such that she would have had cuts and abrasions which she did not. The defendant, who was also a minor, did have consensual sex with the girl, but did not rape her. Because we knew she was not truthful, we advised our client to turn down the plea offers made by the prosecution and insist on going to trial. When faced with actually having to testify to a lie, the girl finally broke down and admitted the truth. The state dismissed the rape charges in Superior Court and transferred the case to Juvenile Court for determination of whether he should be punished as a juvenile for having had consensual sex.
A Randolph county defendant previously convicted of Armed Robbery was granted a new trial after we requested the trial transcript! After filing a Motion for New Trial, we requested the trial transcript. The court reporter was unable to produce the transcripts from the entire day of trial due to an equipment malfunction. A hearing was held to determine whether the transcript could be recreated from memory, and when it became obvious to the court that such could not happen, the conviction was set aside and a new trial granted.
A Dougherty county case involving Aggravated Assault was dismissed after we held a bond hearing. The Defendant was arrested and charged with the beating of another individual. After conducting a bond hearing, we made the state realize it had insufficient evidence to proceed with trial and they dismissed the case.
A Sumter county case involving Aggravated Assault was dismissed after we prepared for trial. The Defendant was arrested and charged with the beating of another individual. After we prepared the case for trial, the prosecution stopped pursuing it and dismissed the case.