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2015 Highlights

    • Conviction for sexual battery vacated when Habeas Corpus granted.

      P.E. v. State of Georgia – Superior Court of Floyd County 15-CV-564
      Client believed any challenge to his Floyd County conviction for sexual battery was hopeless. After reviewing the record, Kilgore & Rodriguez discovered that the Superior Court of Floyd County failed to properly make client aware of his constitutional rights. Following the evidence and legal argument presented by Kilgore & Rodriguez, the conviction was thrown-out.

    • Indictment for rape, aggravated child molestation, aggravated sodomy, incest, and sexual battery dismissed after two-year investigation and demand for trial.

      State v. F.B. – Superior Court of Cobb County 13-9-2362
      Teenager falsely accused her father of forcibly raping and molesting her over a period of years. During a comprehensive two-year investigation, Kilgore & Rodriguez established that the allegations were completely untrue and unsupported by any credible evidence. After facing multiple life sentences for more than two years, the teenager finally confessed to Kilgore & Rodriguez that her allegations were a lie. Days from the start of trial, client got his life back.

    • Drug charges dismissed after challenging unconstitutional search warrant.

      State v. D.S. – Superior Court of Cherokee County 15-CR-535
      Client arrested in her own house and charged with possession of methamphetamine. After a motion was filed challenging the unconstitutional search warrant, the prosecutor dismissed the charges without a trial.

    • Unlawfully obtained statements thrown-out when Georgia Court of Appeals agreed with Kilgore & Rodriguez that Cobb Judge misapplied the law.

      State v. J.C.-O. – State Court of Cobb County 13-T-16446
      C.-O. v. State, 331 Ga. App. 500 (2015)

      Kilgore & Rodriguez challenged the statements made by client during an unlawful and unconstitutional roadside interrogation. Following a lengthy evidentiary hearing, a Cobb County State Court judge rejected Kilgore & Rodriguez’s argument. The Cobb judge’s erroneous ruling was then taken up to the Court of Appeals of Georgia, which unanimously agreed with Kilgore & Rodriguez that the statement was an unlawful violation of client’s MIRANDA rights. As a result, the client’s statements were thrown out and his charges reduced with no jail time.

    • Murder charge reduced to aggravated assault and armed robbery.

      State v. S.C. – Superior Court of Cobb County 13-9-2922
      Client charged with the murder in the beating and strangulation death of her boyfriend’s grandfather. Client facing a mandatory sentence of life in prison. After a series of negotiations with the District Attorney’s Office, client allowed to complete her case on a lesser charge resulting in a 15-year sentence.

    • Murder charge reduced to voluntary manslaughter.

      State v. R.R. – Superior Court of Cobb County 12-9-5584
      After four years of challenging a drug-related murder charge, Kilgore & Rodriguez successfully negotiated a reduced charge of manslaughter, saving client from a mandatory life sentence.

    • Felony criminal damage to property and criminal trespass dismissed after thorough investigation and demand for trial.

      State v. M.R. – Superior Court of Cobb County 14-9-2663
      Client falsely accused of damaging commercial property belonging to his landlord. After thorough investigation and demand for trial, Kilgore & Rodriguez secured a complete dismissal of felony and misdemeanor charges.

    • Cocaine charges DISMISSED when Kilgore & Rodriguez challenged unconstitutional search and seizure.

      State v. L.P. – Superior Court of Cobb County 14-9-775
      Police unlawfully entered and searched client’s home, arresting her for allegedly possessing drugs. Kilgore & Rodriguez filed a motion to suppress challenging an unlawful search and seizure. The court rejected police testimony that the entry and search was “consensual”, finding that entry into client’s home was unconstitutional. No drugs…no evidence…case dismissed.

    • Charges DISMISSED for juvenile falsely charged with criminal damage to property.

      In Re: C.C. – Juvenile Court of Cobb County 2014
      Teenager accused of criminal damage to property by defacing a trailer belonging to a neighbor who attempted to extort money from the child’s mother. Kilgore & Rodriguez obtained evidence that the child was innocent and demanded a trial. Charges dismissed. Rotten neighbor didn’t get a dime.

October-December 2014 wrap-up

    • Client charged with the murder of his mother found NOT GUILTY BY REASON OF INSANITY

      State v. M.D. – Superior Court of Cobb County 11-9-3953
      On October 2, 2014, Cobb County Superior Court Judge Robert E. Flournoy, III, granted a directed verdict of NOT GUILTY BY REASON OF INSANITY for our client, who had been charged with the July 30, 2011, murder of his mother. M.D. was 23 years old and a student at Kennesaw State University when he shot his mother 15 times with a 9mm handgun in the home they shared in the Pope High School area of Marietta.

      Witnesses testified that M.D. had begun calling himself a prophet, the Son of David, and the King of Israel. During the nine day trial there was evidence presented that M.D. suffered from a severe form of bipolar disorder and had delusions that he was becoming an angel and that the Book of Revelation was actually a prophecy about him. On the night before she was shot, M.D.’s mother came to believe that her son was possessed by the devil and called a friend to her home to pray over him. The women placed their hands on M.D.’s head and ordered that Satan release the young man. During the nine-day trial the defense presented evidence that M.D. suffered from a delusional compulsion which overmastered his will. A defense expert testified that M.D. was severely delusional and ultimately came to believe that his mother was the antichrist.

      Rather than being condemned to life imprisonment in a state prison, M.D. was committed to a state mental hospital where he will be treated for his mental disease.

    • K&R saves innocent man’s life...Child molestation / Aggravated sodomy case dismissed.

      State v. J.P. - Superior Court of Cobb County; Indictment 14-9-1981
      A vindictive ex-wife convinced Cobb detectives to charge a man with committing child molestation and aggravated sodomy against his toddler. Client thrown in jail without bond and facing life in prison, K&R’s investigation revealed the ex-wife’s manipulation and proof that CLIENT IS INNOCENT...CASE DISMISSED.

    • Insurance fraud case dismissed after K&R demands a jury trial.

      State v. P.L. - Superior Court of Cobb County; Indictment 14-9-1384
      Despite receiving consistent premium payments for a worker’s compensation policy, the insurance company cried fraud when client refused to pay hundreds of thousands of dollars extra. Under attack by a greedy insurance company, K&R refused to let client plead guilty to something she didn’t do. READY FOR TRIAL… CASE DISMISSED

    • Vehicular homicide charges dismissed where K&R discovered medical evidence that crippled the prosecution’s theory of the case.

      State v. G.S. - State Court of Cobb County; Accusation 13-M-2761
      While it was definitely a tragedy that someone lost their life in a car accident, it did not get any worse by seeing someone wrongfully convicted for causing the death. K&R’s extensive investigation into the medical records revealed that the victim’s death was over a month after the car accident and could have been caused by the elderly victim’s declining health. K&R’s hard work investigating the case for trial led to a DISMISSAL of vehicular homicide charges.

    • Probation modified to reunite family.

      State v. M.M. – Superior Court of Cobb County 13-9-0029-40
      MM was serving a probated sentence for cruelty to a child resulting from excessive corporeal punishment. The family was torn apart and the little girl involved was desperate to reunite with her father who she loved very much. After much counseling and several years apart, father and child were reunited after K&R successfully established that a modification of MM’s bond conditions were warranted to allow father and daughter to start the process of healing and reestablishing their relationship.

    • Client released from custody and reinstated on probation after arrest for allegedly failing to register as a sex offender.

      State v. M.C. – Superior Court of Cobb County 11-9-2062-18
      Following his parole from state prison, M.C. was serving a sentence of probation for obscene internet contact with a child. Authorities arrested M.C. and charged him with failing to register as a sex offender. Through investigation, K&R established that the allegations were not supported by the evidence. M.C. was released from custody and reinstated on probation.

Summer 2014 wrap-up

    • Drug charges dismissed where police unlawfully stopped driver to go on a marijuana fishing expedition.

      State v. D. C. – State Court of Cobb County; Accusation 14M1903
      After reviewing the evidence, K&R discovered that client was unlawfully pulled over and detained so that police could get into his car to look for drugs. K&R challenged the police action by filing a motion to have any drugs excluded from evidence. CASE DISMISSED.

    • Marijuana case dismissed where police violated driver’s constitutional rights.

      State v. D. N. – State Court of Cobb County; Accusation 14T1150
      Police performed an unlawful search of driver and discovered marijuana. K&R argued a motion to suppress and cross-examined the officer about the unlawful search. The marijuana was thrown out. CASE DISMISSED.

    • Evidence thrown out in murder case because of bad search warrant.

      Pending case – Superior Court of Cobb County
      Police obtained a search warrant to obtain evidence in a murder case. K&R argued a motion to exclude any evidence seized because the warrant was unlawfully issued. EVIDENCE THROWN OUT.

    • 43 count indictment for forgery and credit card fraud case dismissed where police violated defendants’ rights to be free from unlawful search and seizure.

      State v. L.P. – Superior Court of Cobb County 14-9-1291
      Police surrounded a vehicle in the parking lot of a shopping center and removed four young black men from the car. Evidence of credit card fraud was seized from the car. In conjunction with lawyers for the other occupants, K&R challenged the unlawful stop and seizure of evidence. EVIDENCE THROWN OUT AND CASE DISMISSED.

    • Interlocutory appeal granted by Court of Appeals for K&R to challenge Cobb judge’s decision that suspect not entitled to Miranda warnings.

      J.C. v. State – Court of Appeals of Georgia
      Cobb Police seized J.C. who was walking down street, handcuffed him, and confined him to a police car to interrogate him. A Cobb County judge ruled that client was not “in custody” and police were not required to read Miranda warnings to interrogate him. The Court of Appeals of Georgia granted K&R’s request to review the ruling. Stay tuned.

    • Cocaine charge thrown out where police had no probable cause to arrest.

      State v. J.M. - Magistrate Court of Cobb County; Warrant 14W5369
      Client arrested after riding in a car with cocaine hidden in the center console. K&R challenged the arrest and the court found NO PROBABLE CAUSE and CASE DISMISSED.

    • Battery charges dismissed after two friends defend themselves against a drunk man at a party.

      State v. D.S. & State vs. G.M. - State Court of Cobb County; Accusation 14M1690 & 14M1684
      Two friends were arrested and charged, despite evidence that "victim" was drunk and the primary aggressor. K&R negotiated a DISMISSAL of all charges.

    • Charges dismissed in bullying case where high-school teen claimed self-defense.

      State v. A.R. - State Court of Cobb County; Accusation 14M1264
      K&R negotiated a DISMISSAL of all charges against a high-school teen that was protecting herself from two bullies assaulting her in the girl's bathroom.

    • K&R gets early termination of client’s felony burglary probation.

      State v. J.A. - Superior Court of Cobb County; Indictment 05-9-2449
      K&R obtained an early termination of client's felony sentence. Client exonerated of burglary charge after K&R showed that client was fully rehabilitated and a productive member of society. K&R's client EXONERATED and PROBATION TERMINATED.

January-May 2014 Highlights

    • Client leaving Buckhead nightclub found not guilty of DUI.

      State v. S. P. – State Court of Fulton County; Accusation 13CR393611
      Driver leaving a Buckhead nightclub stopped by City of Atlanta DUI Task Force and charged with DUI. After trial, the jury found S. P. NOT GUILTY in 20 minutes.

    • Student charged with DUI drugs found not guilty on all charges.

      State v. M. D. – State Court of Cobb County; Accusation 13T20486
      Eighteen-year-old student stopped by Cobb County DUI Task Force after making an abrupt u-turn following a concert at Kennesaw State University. Client admitted that she had ingested the drug ecstasy earlier in the day. After three-day trial, a jury found client NOT GUILTY on all charges.

    • Probationer released in 24 hours.

      State v. E.R. – Superior Court of Cobb County; Indictment 12-9-1913
      Probationer arrested on a State Probation Warrant alleging she committed a new criminal offense. K&R obtained proof that allegation was false and secured her RELEASE from custody within 24 hours.

    • Burglary charges dismissed after 4½ years.

      State v. J. L. – Superior Court of Paulding County; Indictment 10CR0690
      Defendant charged with burglarizing a house in 2009. When K&R filed a notice of intent to present an alibi defense and announced ready for trial, the charges were DISMISSED.

    • Four-year-old child returned to parents.

      In Re: R. B. – Juvenile Court of Cobb County; Case 14CV1024
      State removed a four-year-old child from home following parents’ arrest for allegations of cruelty. K&R worked with DFACS and the Cobb Juvenile Court to reunite parents and child.

    • Statutory rape charges dismissed.

      State v. R. B. – Superior Court of Fulton County 14DA00670N
      Warrants issued for arrest of 21-year-old client alleging statutory rape of teenage young lady. K&R investigator uncovered information which was shared with the District Attorney and resulted in DISMISSAL of the warrants. Client was never even arrested.

    • Man who allegedly threatened judge’s family found to be mentally ill.

      State v. J. S. – Superior Court of Cobb County; Indictment 13-9-1654
      K&R client who suffered with major-depressive disorder charged with writing a threatening letter to the wife of a Cobb County Judge. After a two-week trial that included the testimony of 8 mental-health professionals, the jury rejected Defendant’s insanity defense, but found that he was indeed MENTALLY ILL. Appeal process underway….stay tuned.

    • Cocaine and marijuana charges dismissed where police had no basis to stop pedestrian.

      State v. G. S. – Superior Court of Cobb County; Indictment 13-9-3083
      Cobb County Police Officer ordered G. S. to stop as he was merely walking through a parking lot. After defendant ran, police tackled him and found cocaine and marijuana. When K&R challenged the constitutionality of the unlawful detention and seizure of Defendant… ALL CHARGES DIMISSED.

    • DUI charges dismissed after judge found police testimony not credible.

      State v. K. D. – State Court of Cobb County; Accusation 13T20829
      K&R client was pulled over for allegedly failing to maintain her lane. As a result, she was charged with DUI and blew over the legal limit. K&R challenged the officer’s testimony in light of the video evidence. The court found that the officer’s testimony was not credible and the charges were DIMISSED.

    • All charges dismissed against a father arrested for battery and reckless conduct involving his teenage daughter.

      State v. R. F. – State Court of Cobb County; Accusation 13M6408
      Father of teenage daughter arrested for allegedly handing her a loaded pistol during an argument. K&R negotiated a DISMISSAL of all charges.

November-December 2013 Highlights

    • Bad search warrant leads to full dismissal of drug charges.

      State v. N. T. – Superior Court of Cobb County; Accusation 13-9-3014
      Student charged with possession of drugs with the intent to distribute. K&R argued to suppress drugs resulting from an unconstitutional search warrant. CASE DISMISSED.

    • Marijuana arrest dismissed for no evidence.

      State v. Y.B. – State Court of Cobb County; Accusation13M3813
      Student charged with possession of marijuana. K&R filed a motion arguing that arrest was unlawful and without probable cause. CASE DISMISSED.

    • DUI arrest reduced with no probation – no jail – no driving school.

      State v. M. C. – Municipal Court of Fairburn 77086; 77087
      Client charged with DUI following an accident on highway. CHARGES REDUCED – NO JAIL; NO PROBATION; NO DRIVING SCHOOL

    • Mother arrested following corporeal punishment of teenage daughter gets charges dismissed.

      State v. L.P. – State Court of Cobb County; Accusation13M3587
      Mother of teenage daughter arrested for assault after slapping arm of her out-of-control teenage daughter. K&R prepared a defense of corporeal punishment and demanded a trial. CASE DISMISSED

    • Domestic violence charges against doctor dismissed.

      State v. C. H. – State Court of Cobb County; Warrant 13W6645
      Wife seeking divorce accused her husband of domestic violence following an argument in the home. Husband arrested and separated from his children. CASE DISMISSED

    • Felony assault charges dismissed for wife accused of assaulting husband.

      State v. M. J. – Superior Court of Cobb County; Indictment 13-9-3681
      Sixty-year-old executive arrested for domestic violence when her husband called 911 following a disagreement. CASE DISMISSED

    • Judge returns daughter to mother and dismisses deprivation charges in juvenile court.

      In Re: J.S. Juvenile Court of Cobb County; Civil Action No. 13-CV-1723-06
      Grandmother filed deprivation action in juvenile court alleging that her granddaughter was deprived as the result of drug use and mental illness. Following a trial in Cobb County Juvenile Court, the teenager was returned to her mother’s custody. CASE DISMISSED - CHILD RETURNED TO PARENT

    • Dismissal for mother charged with theft of lawnmower.

      State v. S. H. – State Court of Cobb County 13M3925
      Mother charged with stealing a lawnmower off the back of a pickup truck and selling it to a pawnshop. K&R entered a plea of not guilty and prepared for a jury trial. CASE DISMISSED.

    • False allegations of a knife assault and threat to murder result in dismissal.

      State v. R.C. - Cobb County Superior Court 13-9-3421
      Client falsely accused of pulling a knife on a man at a motel and threatening to shoot and kill bystanders. K&R prepared a defense demonstrating that the witnesses were intoxicated and inconsistent. FELONY CHARGES DISMISSED.

    • Client set-up in a robbery scam gets felony charges dismissed.

      State v. T.D. - Fulton County Superior Court 13-SC-120026
      Client was victim of a scam when woman lured him away from a nightclub where her male companions were waiting to assault and rob him. After his fortunate escape, the con-woman told police T.D. had assaulted and robbed her. K&R prepared a defense that the “victim” was not credible. CASE DISMISSED.

    • Employee theft case dismissed.

      State v. T.D. - Cobb County Superior Court 13-9-2879
      T.D. was charged with stealing equipment from his employer. K&R demonstrated that there was no intent to deprive the owner, as the equipment had been returned. CASE DISMISSED.

    • K&R appeals child molestation case where constitutional matters were argued in judge’s chambers.

      J. W. v. State – Court of Appeals of Georgia A14A0622
      K&R was hired after J.W. was convicted of child molestation in Cherokee County. We quickly discovered that on the morning of trial, J.W.’s right to his retained counsel was discussed in the judge’s chambers…outside his presence. In our appeal to the Court of Appeals of Georgia, K&R is arguing that J.W. was denied the right to be present during all critical stages under the Georgia and federal constitutions. OPINION EXPECTED JULY 2014