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. […]
Read MoreLewis 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 […]
Read MoreState 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 […]
Read MoreState 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. […]
Read MoreJohnson 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 […]
Read MoreFelton 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 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 […]
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