Heard v State – consent to search is no good where reason for stop is wrong
Heard v. State, A13A0853, Court of Appeals of Georgia, Decided: November 22, 2013. James Heard was stopped by police in Franklin County because the Police Captain had told the Officer that a vehicle matching his car’s description had been involved in drug activity and because no tag validation sticker was visible. It turned out that the […]
Read MoreSpragins v. State – when is a one man roadblock legal
Spragins v. State, A13A0941, November 20, 2013. John Spragins has stopped a roadblock in Coweta County and was arrested for DUI. He appeals arguing that the roadblock was illegal in that vehicles were waived through because there was only one officer available to check them. A Lieutenant verbally instructed officers to conduct a DUI roadblock […]
Read MoreState 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 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 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 […]
Read MoreState v. Johnson – A13A1590 – Prisoners are entitled to speedy trials too
State v. Johnson, A13A1590, November 7th, 2013. The Court of Appeals affirmed the Trial Court’s granting of a motion for a constitutional speedy trial after just 3 years in a case originating out of the Municipal Court of Woodstock and Cherokee County State Court. Holly Johnson was charged with DUI in May of 2010. An […]
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