ACREE V. STATE – A12A2057: When Video Evidence Isn’t Enough
Acree v. State (2013) – Georgia Court of Appeals On the night of April 19, 2008, an officer in Forsyth County pulled over William Garrett Acree for failure to maintain a lane. At a motion to suppress evidence the officer testified that before he activated the camera in his patrol car, he observed Acree cross the […]
Read MoreHINTON V. STATE (2013) Direct Evidence and the Reasonable Hypothesis Defense
HINTON v. STATE – (2013) – Georgia Court of Appeals Around 11:50 p.m. an Atlanta Police Officer who had served on the APD DUI task force for over seven years, and had made 600 DUI arrests, observed a car traveling toward him that appeared to be speeding. With a laser-speed detection device, the officer determined that […]
Read MoreJOHNS V. STATE – A12A1794: The Importance of Court Reporters
Johns vs. State (2013) – Georgia Court of Appeals On March 23, 2010, Brian Louis Johns, Jr. got into an argument with his live-in girlfriend in his girlfriend’s apartment and damaged some of her clothes. She called the police. Johns left, and when the police showed up at his girlfriend’s apartment, she told them that Johns […]
Read MoreSUTTON V. STATE – A12A2223: Measuring the Reliability of Anonymous Informants
Sutton v. State (2013) – Georgia Court of Appeals In late 2010, an informant by the alias “It” contacted the Flowery Branch Police Department with allegations that Eric Sutton was using and distributing illegal drugs. “It” claimed to have received his information from “Source A” as identified in the affidavit. “It” had a personal relationship […]
Read MoreSTALLINGS V. STATE – A12A1929: Gauging the Influence of Objectionable Evidence Presented to a Jury
Stallings v. State (2013) – Georgia Court of Appeals At 1:00 a.m. on March 26, 2011, a DeKalb County Police Officer responded to a call about a driver asleep at the wheel of an intersection. Upon reaching the intersection, the officer saw Dominique Stallings’ vehicle, which fit the description, parked irregularly in a nearby parking […]
Read MoreCOGHLAN V. STATE – A12A2388 – The Nature of Evidence in a DUI Investigation
Coghlan v. State (2013) – Georgia Court of Appeals Around 2:00 a.m. on September 16, 2006, Donna J. Coghlan was pulled over for driving on the wrong side of the road. The officer approached the vehicle and noticed a strong odor of alcohol. When he took Coghlan’s license and walked back to his patrol car to […]
Read MoreCRIDER v. STATE – A12A2414: The Gray-Areas of Miranda and Initial DUI Investigations
Crider v. State (2013) – Georgia Court of Appeals Terri Crider was pulled over for failure to maintain the lane. When the officer made contact with Crider, he noticed the odor of alcohol on her breath, bloodshot and glassy eyes, and slightly slurred speech. Crider admitted to having been drinking and even said that she was […]
Read MoreFlorida v. Jardines: stop sniffing my curtilage
In Florida v. Jardines, United State Supreme Court, Docket No. 11-564, Mar 26, 2013, Scalia, J., delivered the opinion of the Court in a 5 to 4 decision, in which Thomas, Ginsburg, Sotomayor, and Kagan, JJ., joined. Kagan, J., filed a concurring opinion, in which Ginsburg and Sotomayor, JJ., joined. Alito, J., filed a dissenting opinion, […]
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