On February 18, 2025, the Georgia Supreme Court issued a new decision in Clark v. The State, a case that clarified the role of the Department of Community Supervision (DCS) in notifying courts about probation termination eligibility. The Court held: While DCS has a mandatory obligation to provide notice under OCGA § 17-10-1(a)(1)(B), a failure…
Continue reading ›In State v. Johnson, the Georgia Court of Appeals reinforced the principle that search warrants must be specific in their scope and cannot be broadly interpreted to authorize additional searches beyond what was originally permitted. In this case, the court ruled that a search warrant obtained to test a driver’s blood for alcohol cannot be…
Continue reading ›In Forrest v. State, the Georgia Court of Appeals clarified the O.C.G.A. § 17-10-11, specifically regarding a defendant’s right to credit for time served before sentencing. This case is a critical reminder that trial courts must abide by the law’s broad mandate and leave the final calculation of time-served credit to the Department of Corrections…
Continue reading ›In State v. Pelayo, the Defendant appealed his 2022 conviction for raping his niece, arguing that the jury instruction on the statute of limitations was incorrect. He was correct and the case was dismissed. The defendant was convicted for a rape that occurred in 1995 or 1996 when his niece was approximately 12 years old.…
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