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Appeals Case Example
McKenzie v. State, 279 Ga. 265 (2005)
McKenzie was charged by the Forsyth County Solicitor’s Office with five counts of obscene telephone calls which were collect telephone calls that he made to his girlfriend and which she accepted. At the bench trial, the Forsyth County State Court Judge convicted him of two counts of obscene telephone calls and he was found “not guilty” of three counts.
Attorney Parker McFarland challenged the statute on First Amendment grounds and the trial judge ruled that the statute was constitutional. McFarland filed an appeal to the Georgia Supreme Court and McKenzie’s convictions were unanimously reversed. The Supreme Court ruled that the obscene telephone calls statute was unconstitutional because it violated the free speech rights guaranteed by the First Amendment of the United States Constitution. Therefore, McKenzie was exonerated of all charges.
Read more about this and other appellate court cases.