Smith v. State – outsourcing the Constituitional Responsibilities to Kentucky
Smith v. State, A13A1282, DO-048 C., Court of Appeals of Georgia, Decided: November 15, 2013. Jason Smith was involved in an automobile accident in Atlanta, Georgia, and Fulton County and arrested for DUI. He was treated by paramedics. Sergeant Teague of the Atlanta Police Department DUI task force was dispatched to the scene. Sergeant Teague met […]
Read MorePhillips v. State – when a live witness is not testimonial – still searching for the Source Code in the Cold Kentucky Rain
Phillips v. State, A13A0991, DO-036 C, Court of Appeals of Georgia, Decided: November 15, 2013. Just as Elvis sang in Kentucky Rain, Georgia lawyers are still searching for the Intoxilyzer 5000 source code while Kentucky rain keeps pouring down And up ahead’s another town that they’ll go walking thru with the rain in their shoes still searchin’ […]
Read MoreTexas Judge angry because Jury did not believe a DUI breath test
The website Slate.com recently reported that a Texas Judge “lost” his mind after a jury refused to accept the results of an alcohol breath test in a Texas Driving Under the Influence Trial. Not only did the Judge fuss at the jury but he accused them of violating their oath and jury nullification. In Georgia, the Jury does possess […]
Read MoreShaw v. State – playing charades – when an inventory search is just pretext for an illegal seach
Shaw v. State, A13A1332, November 11, 2013. The Georgia Court of Appeals reversed Defendant Dustin Shaw’s motion to suppress marijuana found in his glove compartment as a result of an illegal search incident to arrest under the guise of a vehicle inventory search by the City of Elberton Police. Dustin Shaw was stopped after a police […]
Read MoreState v Smith – Search and Seizure is illegal without a warrant affidavit in Court
Smith v. State, A13A1119, November 7, 2013. The Georgia Court of Appeals reversed the denial of a motion to suppress the seizure of marijuana plants as the State failed to produce the warrant affidavit in court along with the warrant and the testimony of the Officer at the motion to suppress hearing. There are three […]
Read MoreState v. Johnson – A13A1590 – Prisoners are entitled to speedy trials too
State v. Johnson, A13A1590, November 7th, 2013. The Court of Appeals affirmed the Trial Court’s granting of a motion for a constitutional speedy trial after just 3 years in a case originating out of the Municipal Court of Woodstock and Cherokee County State Court. Holly Johnson was charged with DUI in May of 2010. An […]
Read MoreGeorgia Dept Driver Services introduces online license reinstatement
The Atlanta Journal-Constitution reported on November 12, 2013, that the Georgia Department of Driver Services has enabled online reinstatement of canceled, revoked, or suspended driver’s licenses. This could prove to be a big time-saver for those whose licenses have been suspended for Georgia DUI convictions. More information about online reinstatement of driver’s licenses after a […]
Read MoreCawley v State – Constitutional Speedy Trial Requires findings of fact
Cawley v. State, A13A2238, October 25, 2013. The Georgia Court of Appeals vacated the Glenn County Trial Court denied of a Constitutional Motion for Speed Trial in a case involving a 2009 arrest that was not brought to Trial by April 2013. The Brunswick Georgia Trial Court issued an order summarily denying the Constitutional Motion […]
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