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Decision Reversed for Houston County Man for “Upskirting”

Last week, the Georgia Court of Appeals, in a 6-3 decision, reversed the conviction of a Houston County man, for “upskirting”.  He was prosecuted under Georgia’s Invasion of Privacy Act, for using a cellphone camera to video record a woman under her skirt while she shopped for groceries.  The defendant was an employee of Publix,… Read More »

A Juvenile Defendant’s Rights Are Her/His Alone, and Cannot Be Waived By a Parent or Legal Guardian

Recently, the Georgia Supreme Court upheld a Fulton County trial court judge’s ruling that suppressed a custodial statement made by a juvenile defendant accused of murder. The case is State v. Lee, Case No. S15A1502 (decided February 1, 2016)( https://www.gasupreme.us/wp-content/uploads/2016/02/s15a1502.pdf). The Court’s opinion is significant because it again reiterates that a juvenile defendant’s rights are… Read More »

Georgia’s Criminal History Record Information Statute Applies Retroactively

On January 19, 2016, the Georgia Supreme Court issued a ruling that upheld the retroactive application of Georgia’s criminal history record information statute, O.C.G.A. § 35-3-37, as amended in 2012.  In Mosley v. Lowe (https://www.gasupreme.us/wp-content/uploads/2016/01/s15a1722.pdf), the State high court concluded that an arrest from 1996 was eligible for restriction under the current version of O.C.G.A…. Read More »

Are Some Cities Using the Interstates as Cash Registers?

A few weeks ago, a colleague of mine sent me an email with a link to the following article: https://www.myajc.com/news/news/local/traffic-tickets-some-cities-use-interstates-as-cas/nn8QT/.  The piece, published by the Decatur Journal- Constitution, describes in detail how certain cities in Georgia generate millions of dollars in revenue through traffic stops.  Commonly referred to as “traffic traps,” these encounters involve local… Read More »