Rowell 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 MoreTunali v. State, A11A1158, Georgia Court of Appeals, from Troup County State Court
In Tunali v State, an appeal from the denial of a motion to suppress in the Troup County State Court, Tunali raised two issues. First, the Court could not take judicial notice of Department of Public Safety (“DPS”) rules allowing a stop of Tunali’s vehicle, a Ford F-250 pick-up truck displaying a hazardous material placard. The […]
Read MoreCobb County DUI Jury Trial by Judge Bowers Reversed: Wagner v. State, a refusal is not evidence of impairment
Wagner v. State, A11A0895, Court of Appeals of Georgia, September 7, 2011. Wagner was convicted of DUI by a jury in Cobb County State Court by Judge Carl Bowers. On October 3, 2008, James D. Wagner was at a restaurant when his 4-year-old child ran outside in the parking lot and fell. Bystanders called the police […]
Read MoreClayton County DUI Jury Trial Appeal: If you don’t win less safe, don’t complain about the breath test
Riverdale, Clayton County DUI Jury Trial: Black v. State, A11A0242, June 14, 2011. Eric Black was found guilty after a DUI jury trial in Clayton County State Court before Judge John C. Carbo. Black was arrested for DUI in Riverdale after being seen weaving, having an odor of alcohol, bloodshot and watery eyes, slurred speech, […]
Read MoreSource Code Evidence: You can subpoena evidence not just witnesses in Kentucky
Yeary v. State, S10G1085, Supreme Court of Georgia, June 20, 2011. Lisa Yeary was convicted in a bench trial of driving under the influence per se based on evidence that the Intoxilyzer 5000 recorded her breath alcohol as .179 grams. The Trial Court had denied Yeary’s motion to obtain evidence possessed by CMI, Inc., a […]
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