An Office Depot in Fulton County had video and still photographs, clearly showing Fields’s unobstructed face and body from several angles, stealing laptops. Fields’s features, which matched those of the man in the video, were described by the interviewing officer who identified Fields in the courtroom. Two witnesses testified that Fields appeared to be the […]
https://www.peachstatelawyer.com/wp-content/uploads/2020/08/w-scott-smith-logo.png00W. Scott Smithhttps://www.peachstatelawyer.com/wp-content/uploads/2020/08/w-scott-smith-logo.pngW. Scott Smith2011-07-05 21:57:242011-07-05 21:57:24Sometimes it is good to be the thief
SMITH v. THE STATE, 2011 Ga. App. LEXIS 590, July 1, 2011, the indictment against Smith alleged committed child molestation by “unlawfully perform[ing] an immoral and indecent act upon the person of [A. S.], a child under the age of sixteen (16) years, by placing his penis in her vagina with intent to arouse and […]
https://www.peachstatelawyer.com/wp-content/uploads/2020/08/w-scott-smith-logo.png00W. Scott Smithhttps://www.peachstatelawyer.com/wp-content/uploads/2020/08/w-scott-smith-logo.pngW. Scott Smith2011-07-05 21:20:472011-07-05 21:20:47The exact language of the indictment or accusation is extremely important as that allegation is what the State must prove
Since the seminal 2008 case of Garza v. State, 284 Ga. 696, 701-702 (1) (670 SE2d 73) (2008), the courts have held the prosecutors must prove the asportation element of kidnapping. The Courts will look at four factors to determine the sufficiency of the evidence of asportation in kidnapping cases. Those four factors are: (1) […]
https://www.peachstatelawyer.com/wp-content/uploads/2020/08/w-scott-smith-logo.png00W. Scott Smithhttps://www.peachstatelawyer.com/wp-content/uploads/2020/08/w-scott-smith-logo.pngW. Scott Smith2011-07-05 19:23:312011-07-05 19:23:31Conviction for Kidnapping overturned where asportation (carrying away of victim) was minimal
In my first post I would like to recognize two of Atlanta’s finest attorneys. It just so happens I work with both of them in my office. Attorney Mike Jacobs is the the epitome of the next generation of great lawyers. Mike Jacobs recently got a murder case dismissed in DeKalb County. It was described […]
https://www.peachstatelawyer.com/wp-content/uploads/2020/08/w-scott-smith-logo.png00W. Scott Smithhttps://www.peachstatelawyer.com/wp-content/uploads/2020/08/w-scott-smith-logo.pngW. Scott Smith2011-06-15 12:52:512011-06-15 12:52:51First post
Sometimes it is good to be the thief
/in Atlanta Theft Crimes /by W. Scott SmithAn Office Depot in Fulton County had video and still photographs, clearly showing Fields’s unobstructed face and body from several angles, stealing laptops. Fields’s features, which matched those of the man in the video, were described by the interviewing officer who identified Fields in the courtroom. Two witnesses testified that Fields appeared to be the […]
The exact language of the indictment or accusation is extremely important as that allegation is what the State must prove
/in Atlanta DUI /by W. Scott SmithSMITH v. THE STATE, 2011 Ga. App. LEXIS 590, July 1, 2011, the indictment against Smith alleged committed child molestation by “unlawfully perform[ing] an immoral and indecent act upon the person of [A. S.], a child under the age of sixteen (16) years, by placing his penis in her vagina with intent to arouse and […]
Conviction for Kidnapping overturned where asportation (carrying away of victim) was minimal
/1 Comment/in Atlanta Domestic Violence /by W. Scott SmithSince the seminal 2008 case of Garza v. State, 284 Ga. 696, 701-702 (1) (670 SE2d 73) (2008), the courts have held the prosecutors must prove the asportation element of kidnapping. The Courts will look at four factors to determine the sufficiency of the evidence of asportation in kidnapping cases. Those four factors are: (1) […]
First post
/in Atlanta DUI /by W. Scott SmithIn my first post I would like to recognize two of Atlanta’s finest attorneys. It just so happens I work with both of them in my office. Attorney Mike Jacobs is the the epitome of the next generation of great lawyers. Mike Jacobs recently got a murder case dismissed in DeKalb County. It was described […]