Another success at the Court of Appeals

We are happy to congratulate Mr. Horsley on another successful representation of a client at the Georgia Court of Appeals.  In Grissom v. State, Case No. A09A1503, the Court of Appeals agreed with Mr. Horsley that it is “fundamentally unfair to simultaneously afford a suspect a constitutional right to silence following arrest and yet allow the implications of that silence to be used against him….”  The Court also clarified that allowing the State to repeatedly question the defendant about his silence and to emphasize the point in closing argument was an “error of constitutional dimension.”  In granting the defendant a new trial, the Court of Appeals concluded that, “[u]nder the circumstances of the case…, it would be naive to suggest that the evidence concerning defendant’s silence did not weaken defendant’s position in the minds of the jurors….”

At Kimmey & Associates we understand all too well that prosecutors and even trial judges make mistakes.   We hope that this decision will help protect the constitutional rights of all Georgia citizens.

New Website: http://www.kimmeylaw.com

Our new website is up at http://www.kimmeylaw.com

Congratulations to Mr. Kimmey for DUI victory

On Monday, September 14, 2009 Mr. Kimmey began the trial of a DUI case in the State Court of Fulton County.  A jury was impaneled and the trial began Monday afternoon.  Following the presentation of the State’s case and the testimony of the arresting officer Mr. Kimmey moved for a directed verdict of acquittal based upon his belief that the State had failed to offer sufficent proof that his client was driving under the influence to the extent he was a less safe driver.  Although the officer testified that the Defendant showed signs of intoxication, there was no evidence that, in the officer’s opinion, those signs would lead to a conclusion that the Defendant would be a less safe driver.

Based upon Mr. Kimmey’s argument regarding the State’s lack of proof, the trial judge granted Mr. Kimmey’s client a directed verdict of acquittal on three DUI charges.

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Welcome to the Kimmey & Associates Blog.  Check back often for updates on things going on in our office as well as for information and opinions related to current legal events.