Cawley 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 […]
Read MoreSmith v State – the Rule of Sequestration – its not just for breakfast anymore
In Smith v. State, A13A1441, October 3, 2013, the Georgia Court of Appeals found that rule of sequestration of witnesses, where one witness can not watch another witness testify, applies to both jury trials, Judge trials, and preliminary motion hearings in Georgia DUI cases. At the Trial Court in the Gwinnett County State Court in Lawrenceville, […]
Read MoreGreen v State – DUI bench trial – Asleep at the wheel
In Green v. State, A13A1260, September 11, 2013. the Georgia Court of Appeals affirmed in part and reversed in part the judgment of the Trial Court Judge in the Houston County State Court from a DUI arrest arising out of Warner Robins, Georgia. Defendant Green was found asleep at the wheel of his running car parked […]
Read MoreWalker v. State – Fourth Amendment Seizure – Just Walk Away
Walker v. State, A13A0444, Court of Appeals of Georgia, decided July 12, 2013. When The James Gang sang to “just turn your pretty head and walk away,” they surely weren’t encouraging Ernest Walker to do so in the face of a police officer. However, that’s more or less what Mr. Walker did, well he ran away after an […]
Read More