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Historical Cases/Accomplishments
& Awards
William D. Healan, III has successfully
handled hundreds of criminal cases including numerous
jury trials. Even before graduating from law school, Mr.
Healan obtained acquittals in two jury trials as part of
Georgia's third year law student practice act.
In 2003, William D.
Healan, III, along with co-counsel, Sherry Boston,
argued Cooper v. State in front of the Georgia
Supreme Court. On October 6, 2003, the Court issued a
landmark decision which declared a portion of Georgia's
DUI law unconstitutional. Because of the Cooper
decision, the police in Georgia can no longer, as a
matter of standard procedure, request a blood, breath,
or urine test from a motorist involved in a accident
with a fatality or serious injury. The Atlanta
Journal-Constitution ran a front page headline after the
Cooper decision declaring "Part of Georgia's DUI
Law Erased".
In January 2004, Mr. Healan was awarded "Best Case of
the Year" by the Georgia Defenders of Drinking Drivers
(D.O.D.D.) group for Cooper v. State. Mr.
Healan was also given the "Case of the Year Award" by
the Georgia Association of Criminal Defense Lawyers for
Cooper v. State
In 2000, the Georgia Supreme Court decided another of
William D. Healan, III's cases. In King v. State,
the Supreme Court held a different Georgia statute
unconstitutional as it applied to Mr. Healan's client.
The Court held that a District Attorney's office had
violated Mr. Healan's client's right to privacy when it
subpoenaed her medical records to charge her with DUI
based on her hospital blood test. The King case
changed the way that hospitals throughout Georgia
responded to medical records requests and subpoenas.
In 1997, the Georgia Court of Appeals decided Mr.
Healan's case, State v. Frazier. Frazier was one
of the first cases in Georgia that prevented prosecutors
from charging motorists with drug possession when their
DUI blood or urine test came back positive for an
illegal drug.
William D. Healan, III has spoken at several seminars
designed to educate other attorneys in the fields of
criminal and DUI law. October 1998, Georgia Association
of Criminal Defense Lawyers fall seminar - Criminal
Discovery. October 2003, Georgia Indigent Defense
Counsel - Ethically Defending Co-Defendants in a Drug
Case. February 2004, Using the ALS hearing to Win/Limit
Issues at Trial.
In 2005, Mr. Healan was named a Rising Star in the
field of Criminal Defense by Super Lawyers Magazine.
This honor, which can be bestowed upon Lawyers 40 years
old or younger or those in practice less then 10 years,
is achieved by the nomination and vote of other
attorneys. No more then 2.5 percent of the total
lawyers in Georgia are listed as Rising Stars.
In 2007, Mr. Healan was again named a Rising Star by
the Super Lawyers Magazine. Mr. Healan was on of
only Four Lawyers in the State of Georgia to achieve
this designation in the field of Criminal Defense
Below is a small sampling of Mr. Healan's
jury victories:
DUI
The defendant
was stopped by the police after fleeing from a
convenience store where his passenger had stolen two
cases of beer. The officer claimed that the defendant,
who refused the official breath test, had failed his
field sobriety tests. The preliminary road-side breath
test was positive for alcohol. The officer claimed that
he smelled mouthwash on the defendant's breath and
admitted that mouthwash could interfere with the
road-side breath test. Mr. Healan argued that it was
reasonable for the defendant to refuse the official
breath test because he would not have trusted breath
testing in general after the preliminary breath test
gave an inaccurate result due to the mouthwash. The jury
acquitted the defendant of DUI.
Theft
by Taking
The police
were summoned to a local business after the bank deposit
came up missing. The defendant was arrested after the
police searched several employees' cars and found the
missing deposit in the defendant's glove compartment.
The defendant was acquitted after Mr. Healan presented
evidence that other employees did not like the defendant
and could have planted the money in her car.
Sale
of Cocaine
The defendant
was charged with selling cocaine after an informant
allegedly bought cocaine from him. The informant's car
had been rigged with a video camera which captured the
alleged transaction. At trial, the prosecution attempted
to play the video, but the judge sustained Mr. Healan's
objection to the video based on a lack of foundation. As
there was no other evidence of the sale, the judge
directed a verdict of not guilty.
Manufacturing Marijuana
The defendant
was charged with manufacturing marijuana after the
police found the defendant's flat-bed truck in a field
behind the defendant's house. The truck contained
several hundred marijuana plants. Mr. Healan argued that
since the defendant had previously sold and repossessed
the truck without looking in the back, the marijuana
could have belonged to someone else. The jury acquitted
the defendant on all charges.
Child
Molestation
The defendant
was a neighbor to a 13 year old girl. The girl and her
fourteen year old friend accused the defendant of
molesting them. Mr. Healan presented evidence that the
girls had given numerous inconsistent statements
concerning the alleged incident. The jury acquitted the
defendant on all charges.
DUI
The defendant
was stopped at well after midnight for weaving. The
officer claimed that the defendant had urinated on
himself, was unsteady and had slurred speech, and failed
the field sobriety tests. The defendant registered .187
on the official breath test. Mr. Healan was successful
in getting the breath test result suppressed. He then
used the police video to show that the defendant did not
weave, was steady on his feet and had normal speech. The
jury acquitted the defendant of DUI.
Cocaine Possession
The defendant
was in the back seat of a car in which the police found
cocaine. Although the cocaine was also found in the back
seat, Mr. Healan's client was acquitted after he
established that one of the front seat occupants could
have placed the cocaine where it was found.
Cruelty to Children
The
defendant's ten-year-old child had lied to him, driven
his car, and finally climbed up on top of the roof. Upon
finding the child on the roof, the defendant spanked the
child with the first thing he could find, an old fan
belt. The child resisted and squirmed during the
spanking, causing the defendant to miss the child's
buttocks. The misses caused several large bruises on the
child's legs and arms and a cut on his cheek. Mr. Healan
argued that the cut was not intentional and was a result
of the child's resistance. After having been informed
that corporal punishment is still legal in Georgia, the
jury acquitted the defendant on all charges.
DUI
The defendant
was stopped for weaving and had an open can of beer.
According to the arresting officer, the defendant failed
the field sobriety tests and blew .081 on the official
breath test. Georgia's limit is .080. Mr. Healan
presented expert testimony that the breath test has a
margin of error and presented additional expert
testimony that the field sobriety tests were not
administered properly. The jury acquitted the defendant
of DUI.
Possession with Intent to Distribute Cocaine
The police
executed a search warrant and found cocaine at the
defendant's house. The sheriff confronted the defendant
by saying "we know you have been selling drugs" to which
the defendant replied "yeah". At trial, the defendant
explained that he thought that the sheriff had been
talking about selling marijuana, for which the defendant
was on probation. Mr. Healan presented evidence that
others could have placed the cocaine where it was found,
and the jury acquitted the defendant on all charges.
Burglary and Attempted Rape
The victim
woke up to find someone forcing himself on her. She was
eventually able to scream and the attacker ran out of
her bedroom and collided with her sister in the hall.
The attacker then fled from the house. The victim and
her sister both identified the defendant, with whom both
were acquainted, as the attacker. Mr. Healan presented
evidence of the defendant's alibi and evidence that a
serial rapist had been on the loose in the victim's
neighborhood at the time of the attack. Mr. Healan
presented expert testimony from a respected scholar who
educated the jury as to the unreliability of eyewitness
testimony. The jury acquitted the defendant on all
counts.
DUI
The defendant
was stopped for speeding and was charged with DUI after
allegedly failing the field sobriety tests and blowing
.081 (above the .080 limit) on the official breath test.
At trial, Mr. Healan presented expert testimony as to
the unreliability of the breath test. The defendant was
acquitted of speeding and DUI per se (for blowing above
the limit). The defendant was convicted, however, of DUI
for being a less safe driver. Mr. Healan appealed the
conviction and the Georgia Court of Appeals granted the
defendant a new trial. Mr. Healan then presented expert
testimony that the field sobriety tests had been
improperly administered and the second jury acquitted
the defendant on the remaining DUI count.
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