State v. Hughes – the seige on standard of review continues and de novo wins again
State v. Hughes, A13A1399, Court of Appeals of Georgia, November 21, 2013. The Court of Appeals reversed the Trial Court in Columbus after granting a motion on probable cause that suppressed a blood test in a felony vehicular homicide. This case represents another in a long line of recent cases where traditionally an erroneous or any […]
Read MoreThe law of unintended consequences never goes out of style
The San Francisco Gate reported a story about a man who went to jail for life for forging an $83.00 check. The story focuses on how prosecutors threaten people with extreme sentences to coerce them into pleading guilty to crimes in which they believe they are innocent. What this highlights is the law of unintended consequences […]
Read MoreAmerican Bar Association creates criminal collateral consequences database
The American Bar Association has developed a search engine for collateral consequences of criminal convictions. You can search the consequences of criminal convictions by keyword or consequence such as employment or driving privileges. You can also search by type of criminal offense. It searches state and federal laws as well as administrative regulations. Using the keyword […]
Read MoreSmith v. State – outsourcing the Constituitional Responsibilities to Kentucky
Smith v. State, A13A1282, DO-048 C., Court of Appeals of Georgia, Decided: November 15, 2013. Jason Smith was involved in an automobile accident in Atlanta, Georgia, and Fulton County and arrested for DUI. He was treated by paramedics. Sergeant Teague of the Atlanta Police Department DUI task force was dispatched to the scene. Sergeant Teague met […]
Read MorePhillips v. State – when a live witness is not testimonial – still searching for the Source Code in the Cold Kentucky Rain
Phillips v. State, A13A0991, DO-036 C, Court of Appeals of Georgia, Decided: November 15, 2013. Just as Elvis sang in Kentucky Rain, Georgia lawyers are still searching for the Intoxilyzer 5000 source code while Kentucky rain keeps pouring down And up ahead’s another town that they’ll go walking thru with the rain in their shoes still searchin’ […]
Read MoreTexas Judge angry because Jury did not believe a DUI breath test
The website Slate.com recently reported that a Texas Judge “lost” his mind after a jury refused to accept the results of an alcohol breath test in a Texas Driving Under the Influence Trial. Not only did the Judge fuss at the jury but he accused them of violating their oath and jury nullification. In Georgia, the Jury does possess […]
Read MoreShaw v. State – playing charades – when an inventory search is just pretext for an illegal seach
Shaw v. State, A13A1332, November 11, 2013. The Georgia Court of Appeals reversed Defendant Dustin Shaw’s motion to suppress marijuana found in his glove compartment as a result of an illegal search incident to arrest under the guise of a vehicle inventory search by the City of Elberton Police. Dustin Shaw was stopped after a police […]
Read MoreState v Smith – Search and Seizure is illegal without a warrant affidavit in Court
Smith v. State, A13A1119, November 7, 2013. The Georgia Court of Appeals reversed the denial of a motion to suppress the seizure of marijuana plants as the State failed to produce the warrant affidavit in court along with the warrant and the testimony of the Officer at the motion to suppress hearing. There are three […]
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