Tell us about a memorable criminal appeal you handled. Attorney in ,
Tell us about a memorable criminal appeal you handled.
Tell us about a memorable criminal appeal you handled.
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a memorable criminal appeal i have a
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state client in georgia we got his
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murder conviction overturned he was
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convicted in fulton county the state had
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actually
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withheld information about one of the
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witnesses in the case
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the client was accused by his cousin of
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being involved in a drug deal where
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my client was alleged to have shot the
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individual
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who was killed
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and as his cousin as his accuser is
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considered an accomplice
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the state has to have
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additional evidence other than just
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complex testimony
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to prove that my client was involved and
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the state used the testimony of my
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client’s then girlfriend
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to try and corroborate his cousin’s
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testimony and it turned out that his
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girlfriend was actually facing charges
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herself at the time that she testified
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and that the the prosecutor involved had
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offered to help her with her charges if
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she testified in in this trial and that
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information was never turned over to
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a defense counsel who represented him at
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trial and although council
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was aware that she was facing some
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charges they were not aware of the
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seriousness of the charges and that if
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she had been convicted
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she would have had a mandatory prison
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sentence so she had a big incentive
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to testify
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favorably to the state in exchange for
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her charges being
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dealt with and they were actually
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dismissed after the trial in the case
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where she was helpful to the the state
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uh that her charges were dismissed and
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the prosecutor in our case we had a
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hearing didn’t he denied ever having
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extended this opportunity to the witness
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he denied
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even reaching out to the the county
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where her charges were pending even
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though it was in writing that that
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a prosecutor from the county where my
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client was convicted had requested the
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dismissal of her case the judge uh in
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the in the hearing
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this was a state motion for new trial
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she she found that the prosecutor
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was not credible his claims were
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untrue and she granted the motion for
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new trial uh and then that went to that
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was appealed by the state
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then and we went to the georgia supreme
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court where uh the decision was upheld
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and now our we’re
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we’re working on retrying that client’s
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murder trial uh coming this summer so
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that is a big memorable case to me um
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but we’ve that’s only one of
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several life sentences that we’ve had
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overturned in the last several years we
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deal with very serious offenses and just
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because it’s murder or a life sentence
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doesn’t mean that it can’t it can’t be won
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Atlanta, GA criminal defense attorney Elizabeth A. Brandenburg shares the story of a memorable criminal appeal she handled.
