Parker v State- Proffers can be hearsay
Parker v. State, S14G1005, Feb. 16, 2015. The Georgia Supreme Court ruled that Georgia’s new Evidence Code allows hearsay evidence in determining whether an out-of-state person is a material witness to a Georgia criminal proceeding under our State’s Uniform Act to Secure the Attendance of Witnesses from Without the State, OCGA 24-13-90. Under § 24-1-2 […]
Read MoreChernowski v State – what do you do with a problem like Fulton County
Chernowski v. State, A14A2151, February 12, 2015. Dora Chernowski appealed her DUI conviction resulting from a 2004 single-car accident in Fulton County. She claimed that her Due Process rights were violated by a seven-year delay in the transmission of the trial court record to the Georgia Court of Appeals. She was tried and convicted by […]
Read MoreWolfe v Georgia Department of Driver Services – judgment from afar in time and space
Wolfe v. Georgia Department of Driver Services, A14A2286, January 26, 2015. In 1987 and again in 1989, Wolfe was convicted of a DUI-related offense in Illinois. Wolfe had never been a resident of Illinois and had never been issued a driver’s license by Illinois. In 1999, Wolfe moved to the State of Georgia and obtained […]
Read MoreCawley vs State – Constitutional Speedy Trial – Third Time is the Charm
Cawley vs. State, A14A0996, November 21. 2014. The Georgia Court of Appeals remanded this case, a second time, again to the trial court to properly weigh the Barker v. Wingo, 407 U.S. 415 (92 SCt 2182, 33 LE2d 101)(1972) factors on its second appearance on interlocutory appeal. Defendant, Cawley, was arrested for DUI and speeding on February […]
Read MoreIgnorantia legis neminem excusat – except for the Police
Nicholas B. Heien v. North Carolina, No. 13-604, Supreme Court of the United States (December 14, 2014). The U.S. Supreme Court held that a reasonable mistake of law by police in the required number of working tail lights on an automobile in the context of investigatory detention and search can be reasonable suspicion of a […]
Read MoreSmith v State – DUI Field Evaluations are always admissible
State v. Smith, A14A1127, November 14, 2014. James Smith was charged with DUI less safe and failure to maintain lane. Following a hearing, the trial court suppressed two of the field evaluations performed by the Officer because they were not performed according to his National Highway Transportation Safety Administration (NHTSA) training. Judge Doyle writing for […]
Read MoreState v Padgett – Police requested DUI blood test must go to crime lab
State v. Padgett, A14A1002, November 18, 2014. James Padgett was involved in a motorcycle wreck. Police responding to the accident tested Padgett’s breath with a portable breath test and read Padgett implied consent rights for a DUI blood test. Padgett was transported by ambulance to the hospital and the Police had a nurse at the […]
Read MoreCharales v State – State must present evidence of a Constitutionally valid roadblock policy
Charales v. State, A14A1040, November 12, 2014. R. Charales was found guilty of driving under the influence after a bench trial in Fulton County. Charales appealed after the Court denied his motion to suppress his arrest based upon an allegedly illegal roadblock by Atlanta Police which resulted in his arrest. The State failed to present evidence […]
Read MoreState v Walker – temporary halting is not a submission to authority or seizure under the 4th Amendment
State v. Walker, S13G1793, Georgia Supreme Court, October 20, 2014. The Georgia Supreme Court reversed the Georgia Court of Appeals in Walker v. State, A13A0444, July 12, 2013, where the Court of Appeals held that a police officer’s order to take your hands out of your pockets to Ernest Walker who then ran away was a second-tier […]
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