Felton v State – A12A0244 – July 3 2013 – Pat Downs are not automatic
Felton v. State, A13A0244 – July 3, 2013. Hands Off Officer! – Marijuana Suppressed After Illegal Pat-down – Houston County, Warner Robins, Georgia. A “heated verbal argument” between a Houston County woman and a man, later identified as Jermoris Felton, was witnessed by a concerned citizen who called the police. Upon the arrival of the […]
Read MoreJanasik v. State – old similars – ineffective assistance – continuance
Janasik v. State, A13A0253, Court of Appeals of Georgia, July 9, 2013. The Court of Appeals affirmed the Fulton County Trial Court’s denial of a motion for a new trial after a jury found Janasik guilty of DUI less safe, failure to maintain lane, and a seat belt violation. Janasik argued that the trial erred […]
Read MoreStrickland v State – old similars and trial strategy – Forsyth DUI
Strickland v.State, A13A0245, Court of Appeals of Georgia, July 9, 2013. The Court of Appeals confirmed the Forsyth County jury’s finding of guilt on the charge of DUI less safe under the Georgia DUI statute. Strickland used the age-old you can’t prove I was driving defense. Unfortunately, it has been a myth since the discovery […]
Read MoreEEOC sues Dollar General and BMW for policy of firing after positive criminal background checks
The Federal Government Agency given the responsibility of enforcing U.S. Discrimination laws, the Equal Employment Opportunity Commission, is bringing the hammer down on companies that discriminate against employees because of positive criminal background checks. This matters to us because many of our clients get fired or can not get hired because of their Georgia DUI […]
Read MoreTeenager video of illegal Tennesse roadblock goes viral
A Tennessee teenager videotaped his encounter with the police where he was detained a DUI, license, insurance, and seatbelt “safety check” otherwise known as a roadblock and he was not drinking, had a license and insurance on his person, and was wearing a seat belt. A drug dog was prompted to alert on his car […]
Read MoreCronkite v State – July 1st 2013 – Intoxilzyer 5000 source code
Cronkite v. State – S12G1927 – July 1st, 2013 In this appeal from the denial of a motion for a certificate of materiality under the Uniform Act to Secure Witnesses from Without the State, the Georgia Supreme Court affirmed the denial of the certificate of materiality. The Supreme Court held that a Georgia DUI Defendant […]
Read MoreSauls v. State-Substantially Incomplete Implied Consent-Officer Interrupted – Refusal Suppressed
Sauls v. State-S12G1292-Implied Consent-Officer Interrupted, Refusal Suppressed (June 17, 2013) Reversing a prior ruling from the Georgia Court of Appeals and excluding the Breath test from the Carrollton Trial Cout in this Georgia Per Se DUI case, this Court held that the Caroll County police officer made a material omission in reading implied consent after […]
Read MoreMARYLAND v ALONZO JAY KING JR – No 4th Amendment for DNA – “tax[ing] the credulity of the credulous” -SCOTUS – June 3 2013
MARYLAND v ALONZO JAY KING JR. – No. 12-207- Supreme Court of the United States – June 3, 2013. In a 5 to 4 decision the Supreme Court approved under the 4th Amendment the collection of DNA samples from arrestees of serious, violent crimes as a routine booking procedure. Alzono King was arrested for menacing […]
Read MoreState v Carr – Illegal Search and Seizure – Passengers are people too
State v. Carr – A13A0651-Search & Seizure-Passengers Have Rights Too June 11, 2013 The Fourth Amendment still has legs in the State of Georgia. And if a prosecutor tries to justify a search and seizure based on officer safety concerns, it might be a good idea to have the officer testify. On June 4, 2013, […]
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