Below are reported appellate decisions in which Mr. Clark represented a party in the appeal.

West v. State

This interlocutory appeal presents a facial constitutional challenge to OCGA § 20-2-1182, which criminalizes upbraiding, insulting, or abusing a public school teacher, administrator, or bus driver in the presence of a pupil while on the premises of a public school or school bus. Appellant Michael Antonio West was arrested and charged under OCGA § 20-2-1182, and he thereafter filed a general demurrer, contending, among other things, that the statute is unconstitutionally overbroad in violation of the right to free speech guaranteed under the First Amendment to the United States Constitution.[1] …Read More

Scott v. State

This interlocutory appeal presents a facial constitutional challenge to subsection (e) of the Computer or Electronic Pornography and Child Exploitation Prevention Act, OCGA § 16-12-100.2, which criminalizes the offense of “obscene Internet contact with a child.” Appellant Jack Scott was indicted in January 2015 on two counts of that offense, arising from alleged sexually explicit online communications in which he took part in late 2013 with a minor under the age of 16. …Read More

In The Interest Of J. M. L., a child.

Lesli Huso, who wishes to adopt three-year-old J. M. L. appeals from the juvenile court’s order appointing the girl’s foster mother, Ava Deverger, as her permanent guardian. See former OCGA § 15-11-30.1.[1] In an earlier appeal in this case, we affirmed an order in which the juvenile court determined that it was in J. M. L.’s best interest to award Deverger permanent guardianship. In the Interest of J. M. L.,___ Ga. App. ___ (Case No. A15A0315, decided Jan. 28, 2015)...Read More

State v. Buckner

In December 2007, Bobby Lavon Buckner was indicted in Chatham County for the kidnapping, molestation, and murder of 12-year-old Ashleigh Moore. Four years later, Buckner still had not been brought to trial, so he filed a motion to dismiss his indictment, arguing that he had been denied his constitutional right to a speedy trial. Following a hearing, the trial court concluded that Buckner had been denied his right to a speedy trial, and it reluctantly dismissed the indictment, acknowledging that the remedy of dismissal is a harsh one, but that it is the only available remedy for such aRead More

Clay v. State

This is an interim appellate review of a case in which the State seeks the death penalty. John David Clay has been indicted for malice murder and false imprisonment in connection with the death of Janice Swain in the early morning hours of March 4, 2007. This Court granted Clay’s application for interim review and directed the parties to address whether the trial court erred in its 264*264 order granting in part and denying in part Clay’s motion to exclude his statements to law enforcement officers… Read More

Terrell v. Pippart

Phyllis Terrell appeals after a jury awarded her former fiancé Christopher Pippart $94,000 on his quantum meruit claim and $12,000 in attorney fees. For reasons that follow, we affirm the quantum meruit award, vacate the award of attorney fees, and remand… Read More

In Re A.R.K.L.

The mother of A.R.K.L. filed a petition in juvenile court to terminate the parental rights of the child’s father. The juvenile court granted the petition, and the father appeals. He contends that (1) the juvenile court lacked subject matter jurisdiction to rule on the petition because the petition was actually a disguised custody matter; (2) the juvenile court lacked subject matter jurisdiction to rule on the petition because the petition was actually a disguised adoption matter; and (3) the juvenile court erred in denying his motion for a continuance… Read More

Robinson v. State

In these consolidated cases, Bernard Henry Robinson and Ralph Woods, Sr., were indicted for murder and other offenses in connection with the beating, stabbing, and shooting death of John Steven Mitchell. Robinson and Woods moved to dismiss their indictments on the grounds that their constitutional rights to a speedy trial had been violated. The trial court denied these motions, prompting these appeals. For the reasons that follow, we affirm… Read More

Yancey v. State

Following a bench trial in which he represented himself, James Michael Yancey was convicted of loitering or prowling. He appeals, arguing that he is entitled to a new trial because the State has failed to meet its burden of showing that he validly waived his right to counsel or his right to a jury trial. Finding merit to these contentions, we reverse… Read More

Butler v. State

Following a jury trial, Jepter R. Butler was convicted on one count of (misdemeanor) furnishing alcoholic beverages to a person under 21 years of age.[1] He appeals his conviction and the denial of his motion for new trial, arguing that the trial court erred in failing to give several requested jury charges, in allowing the State to make improper remarks during closing argument, and in allowing the State to amend the accusation without notice. For the reasons set forth below, we reverse… Read More

Sastre v. McDaniel

Iane and Lydia Sastre appeal from the trial court’s order dismissing, without prejudice, their petition for adoption of A.L.R. (the “child”), arguing that the trial court erred in finding that the Sastres were not Georgia residents and in allowing the Lamar County Department of Family and Children Services (the “Department”) to object to the adoption proceedings. Discerning error, we reverse… Read More

In Re DOR

The mother and father of D.O.R. appeal the termination of their parental rights, which we have consolidated for consideration. The father contends that the evidence does not clearly and convincingly establish that he was unfit or unable to care for the child. The mother contends that the evidence does not establish that the child’s deprivation would continue or that continued deprivation would harm the child, and also contends her rights to due process were violated. For the reasons that follow, we affirm the juvenile court’s decision to terminate… Read More

Jones v. State

In late January and early February 2003, investigators with the Long County MACE Drug Task Force received several reports that co-defendants Eddie Goodwin and Kelvin Johnson were dealing drugs from a trailer residence in the Pine Meadows mobile home park. As a result of the information, the investigators arranged for a confidential informant to conduct a controlled buy. During the controlled buy, the confidential informant purchased two rocks of cocaine from Goodwin at the residence. Based upon this information… Read More

Stinson v. State

We granted Timothy Stinson’s application for a discretionary appeal of his probation revocation. Stinson contends that the trial court erred in revoking his probation because he was not given credit for the time he spent in a Drug Court rehabilitation program. On this issue of first impression, we hold that a defendant who elects to plead guilty and undergo alternative treatment in a Drug Court program offered under OCGA § 16-13-2(a) is not entitled to credit for time spent in treatment if he is subsequently terminated from the program… Read More

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Georgia Association Of Criminal Defense
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