Of Counsel

Legal Notes on Georgia and The South

Friday in the GA Court of Appeals

Posted by Maggie on August 20, 2007

Convictions Affirmed: 2

Deprivations Reversed: 1

Of Note:

Tiggs v. State: A show-up ID from a witness who was face-to-face with the robber for “three or four seconds” gave “ample opportunity” to view.  While there are other strong factors for an ID, I don’t think the Court should be playing it up quite so much especially with all that we’re learning about faulty ID’s.

In the Interest of S.M.W.: Believe it or not, the DFCS worker recommended termination of the parent’s rights due to transportation difficulties.  After Dad did everything he was asked to do, and it was quite a bit.  Dad is employed, negative for drugs, has a good relationship with the child.  But the juvenile court terminated Dad’s rights because he had 3 jobs and 3 homes in a year.  Cases like these make me thank whatever higher being there may be for appellate courts.  I’ve seen several of these crazy deprivations overturned lately.  Some of these juvenile courts need to get it together.

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