Phillips 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 […]
Read MoreCawley v State – Constitutional Speedy Trial Requires findings of fact
Cawley v. State, A13A2238, October 25, 2013. The Georgia Court of Appeals vacated the Glenn County Trial Court denied of a Constitutional Motion for Speed Trial in a case involving a 2009 arrest that was not brought to Trial by April 2013. The Brunswick Georgia Trial Court issued an order summarily denying the Constitutional Motion […]
Read MoreWilliams v. State – Roadblock policy must be Constitutional for roadblock to legal
Williams v. State, S13G0178, October 21, 2013. In a DUI arrest from Macon, Georgia, a Bibb County DUI roadblock was declared Unconstitutional by Georgia Supreme Court because the Bibb County Sheriff’s Department policy sanctioned roadblocks for general crime deterrence. The Bibb County Sheriff’s Department policy stated, ” Vehicle Roadblocks- Vehicles may also be stopped at […]
Read MoreBrown v State – Legal Roadblocks must be specifically planned in advance
Brown v. State, S12G1287, October 21, 2013. The Georgia Supreme Court declared the Roadblock in Mr. Brown’s case unconstitutional in violation of the 4th Amendment. On April 6, 2010, there was a complaint about speeding, racing, and littering on Groover Road in Cobb County. On April 7, 2010, an officer was sent to survey the […]
Read MoreBlanchard v State – ineffective assistance of counsel – hire an expert – DUI Diabetes
Blanchard v. State, 13A1082, October 18, 2013. This is an appeal from a DUI jury trial in the State Court of Chatham County in Savannah Georgia. On appeal, Defendant alleged that it was ineffective assistance of counsel not to hire an expert witness to testify about his diabetes and how his diabetic condition could mimic […]
Read MoreYoung v State – Intox Source Code Drama- its either not specific or not credible or both
Young v. State A13A0995, A13A0996, A13A01170-76, October 4th, 2013. The Georgia Court of Appeals denied 9 Athens DUI Defendant’s requests for certificates of materiality to obtain a subpoena for the computer source code which operates the Intoxilyzer 5000, the official state-administered chemical alcohol DUI breath test machine for the State of Georgia, from the manufacturer of […]
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