Local Attorney Is Vindicated

The case against local attorney, Roy Robinson “Robby” Kelly, III, who was charged with child pornography, has been dropped after the state appealed the lower court’s ruling as far as it could.
In a recent decision the Georgia Supreme Court denied a writ to appeal the decision made in favor of Mr. Kelly in the Superior Court of Jasper County on July 31, 2009, thereby vindicating Mr. Kelly and dismissing the case brought against him by the Georgia Bureau of Investigation (GBI).

The vote of the Supreme Court justices in the case was five to deny hearing the appeal, one who dissented and one not participating.
Mr. Kelly was arrested and charged with child pornography in 2007 after the GBI obtained a search warrant and confiscated files and computers from his offices. Subsequently, Mr. Kelly’s attorneys, on his behalf, filed for a hearing in Jasper County Court to suppress the evidence alleging it was obtained as the result of an unlawful search and seizure.

Evidence was also presented that no images of child pornography were found on any of the confiscated files and computers. As to the claim by the GBI that Mr. Kelly’s credit card was used to pay dues at a child pornography web site, his attorneys presented evidence that five charges to the credit card over a 30 day period were all credited back to the card, and were originally charged by an internet business.

On July 29, 2009, Judge Ronnie Joe Lane, who had been appointed from outside the county, ruled in favor of Mr. Kelly in that all evidence obtained as a result of the search of Mr. Kelly’s office was hereby suppressed and held inadmissible.
On August 4, 2009, the State appealed Judge Lane’s decision on to the Georgia Court of Appeals, which upheld the lower court’s ruling. The state then appealed to the state Supreme Court which refused to hear the case.