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Smith 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, […]

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Lee v State – Implied Consents Rights – Rights you dont have a Right to Understand

On September 26, 2013, the Georgia Court of Appeal found that you do not have a right to translation of Implied Consent into the language you can understand. Lee v. State, A13A1067 (Sept. 26, 2013).  Seung Lee appealed her conviction of DUI less safe after a bench trial arguing that he did not understand the Georgia […]

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Green 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 […]

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Walker 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 […]

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State v Hamlett gps tracking warrant denied on appeal

State v. Hamlett A13A0474; A13A0882 Court of Appeals of Georgia, decided 7/16/13, 8/7/13.  The Court of Appeals of Georgia picked up the fumble by a Cobb County Superior Court judge and overturned the conviction of the brothers Hamlett.  The judge had issued an order allowing for the placement of a GPS monitor on Jalim Hamlett’s truck.   […]

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Lewis v. State A13A1263 Anonymous Tip of driving slow in area of thefts not good enough for stop

Lewis v. State A13A1263 – August 13, 2013. The Georgia Court of Appeals held that an “Anonymous Tip” of a chevy blazer driving slowly in the area of thefts in Twiggs County Georgia is not good enough basis under the 4th Amendment to justify a traffic stop to investigate criminal wrongdoing as it is not […]

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State v Nash the 4th Amendment still smells fresh in Georgia

State v. Nash, A13A0200, A13A0201, Court of Appeals of Georgia, July 16, 2013. The sweet smell of Constitutional rights permeated the Georgia Court of Appeals after reversing a  Gwinnett County trial court’s ruling denying the suppression of cocaine, ecstasy, and marijuana, based in part on a Gwinnett County Police officer’s testimony to the “overwhelming odor […]

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State v Conner – A13A0371 – Georgia DUI Roadblocks – No Cones – No Signs – No problem

THE STATE v. CONNER, A13A0371, Court of Appeals of Georgia, July 3, 2013. On Appeal by the State after the granting of a motion to suppress an illegal, unconstitutional roadblock, the Court of Appeals reversed the trial court ruling by the Cobb County Trial Court finding that the roadblock at issue was not well identified. […]

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Johnson v. State – A13A0397 – Police video can be used against you but not the Police

JOHNSON, JR. v. THE STATE, A13A0397, Court of Appeals of Georgia, July 3, 2013. William Holland Johnson, Jr. was found guilty of DUI by a Forsyth County Jury in the State Court of Forsyth County in Cumming, Georgia. He appealed arguing that the Horizontal Gaze Nystagmus (HGN) test should have been excluded, he was denied […]

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