Douglas N. Peters – Criminal Defense Notable Cases:
Appellate

State v. John Doe (2013)

Defense Counsel:

Charges: Aggravated Child Molestation (4 Counts)

Prosecution's Case:

The defendant was represented by other counsel in his jury trial on allegations made by his 2 foster children that he placed his mouth on their vaginas and put his penis in their mouths. The defendant was found guilty on all counts and sentenced to serve 60 years in prison.

Defense and Outcome:

Mr. Peters presented 3 days of evidence at the Motion for New Trial hearing which was never heard by the jury. The evidence included impeaching facts from the alleged victims' school records, therapy records, juvenile court records, and DFACS records, as well as testimony from 6 lay witnesses and 3 expert witnesses. The evidence created a post-trial record which was then appealed by attorney, Scott Key, resulting in a reversal of defendant's convictions in the Georgia Court of Appeals and the Georgia Supreme Court.

State v. John Doe (2007)

Defense Counsel:

Charges: Aggravated Child Molestation, Child Molestation

Prosecution's Case:

The Defendant was represented by other counsel in his jury trial on allegations made by his 7 year old niece that he had penetrated her vagina with his finger. The Defendant was found guilty and sentenced to serve 10 years in prison.

Defense and Outcome:

Mr. Peters presented testimony from four expert witnesses addressing psychological and medical issues that had not been presented by the Defendant s trial counsel. The Court of Appeals reversed the Defendant s convictions stating that the trial lawyer s failure to present evidence to impeach the mother of the alleged victim as well as failure to present medical expert testimony was ineffective assistance of counsel. Defendant released from prison.

State v. John Doe (2005)

Defense Counsel:

Charges: Aggravated Child Molestation, Aggravated Sexual Battery, Child Molestation, Contributing to the Delinquency of a Minor

Prosecution's Case:

The Defendant was represented by other counsel at trial. The Defendant had been found guilty following a jury trial resulting from allegations from Defendant s 14 year old daughter of alleged acts he had committed during a visitation weekend with the Defendant.

Defense and Outcome:

Mr. Peters conducted a hearing on the Motion for New Trial over several days presenting testimony from witnesses who observed the alleged victim following the allegations and presented expert testimony regarding said behavior which had not been heard by the jury. A New Trial was Granted and Defendant s 25 year prison sentence was set aside and Defendant released from prison.

State v. John Doe (2000)

Defense Counsel:

Charges: Child Molestation

Prosecution's Case:

The Defendant was represented by other counsel in his jury trial on allegations made by his 5 year old step son. The Defendant was found guilty and sentenced to serve 10 years in prison.

Defense and Outcome:

Mr. Peters conducted a hearing on the Motion for New Trial presenting psychological expert testimony that the child s behavior was consistent with the dysfunctional manner in which he had been raised by his mother, not from being molested by Defendant. The trial judge set aside the jury verdict. The Defendant was released from prison.

John Doe v. State (1998)

Defense Counsel:

Charges: Child Molestation

Prosecution's Case:

The Defendant was represented by other counsel at trial. The Defendant had been found guilty and sentenced to prison.

Defense and Outcome:

Douglas N. Peters authored the Amicus brief on behalf of the Georgia Association of Criminal Defense Lawyers. The Defendant's conviction was reversed. The decision resulted in changing in the law of Georgia to allow those accused of child abuse to present expert testimony to inform juries of the proper techniques to be utilized in the interview of child victims, as well as the unreliability of the statements of children when improper techniques are used. The Defendant was released from prison.

State v. Jane Doe (2007)

Defense Counsel:

Charges: Felony Murder (Shaken Baby Syndrome)

Prosecution's Case:

The Defendant was represented by other counsel at her jury trial on allegations that she had shaken to death a six month old baby boy in her case. The Defendant was sentenced to life in prison.

Defense and Outcome:

Mr. Peters was successful in having the Georgia Supreme Court affirm the ruling of the trial judge in setting aside all guilty verdicts after hearing testimony from seven medical expert witnesses whose testimony indicated the child died from sickle cell disease and not from shaking. Motion for New Trial Granted. Defendant released from prison.

State v. John Doe (2013)

Defense Counsel:

Charges: Appeal from "Sexually Dangerous Predator" classification by the Sexual Offender Registration Review Board

Prosecution's Case:

The defendant had previously been placed on the State Sex Offender Public Registry for his prior conviction for Child Molestation. The defendant was then notified that he had been classified as a "Sexually Dangerous Predator" requiring, in addition to registration on the State Sex Offender Public Registry, that he also wear an ankle monitor (GPS electrical tracking device) for life.

Defense and Outcome:

Mr. Peters served as co-counsel in the appeal of the defendant's classification as a "Sexually Dangerous Predator." Mr. Peters filed an open-records request and obtained the psychological evaluations used by the review board in defendant's case. Mr. Peters then interviewed the defendant's treating psychologist, obtained his treatment records, and a letter in support of the appeal. Counsel then had an additional expert review the records of the board and the defendant's treatment records. The expert interviewed and tested the defendant, and ultimately issued a favorable opinion. The defendant's probation officers also provided letters in support of the appeal. All of the above was included in the appeal as well as a legal challenge to the constitutionality of the review board. The Review Board then notified the defendant they were withdrawing the "Sexually Dangerous Predator" classification and defendant was was being released from the GPS ankle monitor requirements.

United States v. Jane Doe (1997)

Defense Counsel:

Charges: Insurance Fraud

Prosecution's Case:

The Defendant was prosecuted along with her husband in what was reported to be the largest insurance fraud case ever prosecuted in the United States.

Defense and Outcome:

Defendant's sentence reduced from 12 years to serve to 3 years to serve and the Defendant released. Defendant was represented by Douglas N. Peters and co-counsel Bobby Lee Cook.