Martin v. State, A11A1922, December 7, 2011: Roadblock appealed from Douglas County State Court – Actual Supervisor who approved Roadblock is not necessary
Martin v. State, A11A1922, December 7, 2011: Martin was arrested for a marijuana/drug DUI after being stopped at a roadblock. She appealed the Douglasville Trial Court’s finding that the Roadblock was Constitutionally adequate. The Georgia Court of Appeals routinely has held that Roadblock is permissible when: the State must prove that a highway roadblock program […]
Read MoreShelly v. State, A11AQ2172, November 14, 2011: Douglas County Roadblock valid when approved by Chief Deputy
Shelly v. State, A11AQ2172, November 14, 2011: Ronald Shelley was stopped a roadblock in Douglas County. Shelley contested the Roadblock before the Trial Court in Douglasville, Georgia on the basis that the roadblock was not approved by an authorized supervisor for a legitimate primary purpose. The Court of Appeals reviewed the case de novo finding the […]
Read MoreOgilvie v. State, A11A0862, November 4th, 2011: An Accident Jury Charges is available in a Georgia Second Degree vehicular homicide case even though it is a strict liability offense
Ogilvie v. State, A11A0862, November 4th, 2011: Shirley Ogilvie appeals from her conviction for vehicular homicide in the second degree and failure to yield to a pedestrian in a crosswalk in DeKalb County State Court. She alleged that the accusation was fatally defective because it did not set out the elements of the offense and […]
Read MoreBuford v. State, A11A1518, November 4, 2011: Being told “I am charging you with DUI” while in a hospital bed is a DUI arrest for purposes of Implied Consent
Buford v. State, A11A1518, November 4, 2011: Robert Buford appealed his DUI conviction and the denial of his motion to suppress blood test result from his DUI in Cherokee County State Court in Canton Georgia alleging that he was not under arrest for DUI so consent was not implied for purposes of Georgia law and […]
Read MoreGreene v. State, A11A1067, November 17, 2011: It is legal to remove over 50 percent of African American Jurors from the pool of potential jurors
Greene v. State, A11A1067, November 17, 2011: Harry Greene was found guilty of DUI less safe and per se in Henry County after a jury trial. He appealed because the jury pool he was presented was not a fair cross-section of the community as African Americans were under-represented and on the failure of the Court […]
Read MoreRowell v. State, A11A1231, November 15, 2011: Blow correctly or go to jail is not custody for purpose of Miranda
Rowell v. State, A11A1231, November 15, 2011: Laura Rowell was stopped for DUI in Houston County, Georgia after slamming on brakes and stopping past the stop bar at a red light. She appealed the Houston County Georgia Trial Court’s denial of her motion to suppress evidence at a motion hearing. The Court found that there […]
Read MoreWilder v. State, S10G1897, November 7, 2011: Search and Seizure of Locked Briefcase in home of another
Wilder v. State, S10G1897, November 7, 2011:Illegal Search of a Briefcase. The Georgia Supreme Court reversed the conviction of a Lincoln County Georgia Trial Court for child molestation, sexual exploitation of a child involving Wilder and a 15-year-old girl. The Georgia Supreme Court held that a person has to stand under the 4th Amendment […]
Read MoreState v. Kelly, S11A0734, November 7, 2011: Plain Error review of Jury charges is required
State v. Kelly, S11A0734, November 7, 2011: The Georgia Supreme Court reversed a Fulton County Superior Court felony murder conviction for errors in the charge of law to the jury. Plain Error Review of Georgia jury charges is required under the plain language of O.C.G.A. 17-8-58(b) resolving inconsistency with appellate decisions in which some decisions held […]
Read MoreBoykins v. State, Georgia Supreme Court, S11G0643, November 7, 2011: the rare case justifies a warrantless search
Boykins v. State, Georgia Supreme Court, S11G0643, November 7, 2011. In a DeKalb County Drug Arrest, the Georgia Supreme Court held that it is the rare case that justifies a warrantless search. Boykins was observed pulled over talking to a woman on the side of the street. The police turned around. Boykins drove off to […]
Read More