Of Counsel

Legal Notes on Georgia and The South

Court Update Catch-Up

Posted by Maggie on August 24, 2007

Deprivations Affirmed: 1

Convictions Affirmed: 2

Convictions Reversed: 1

Motions to Suppress Granted: 1

Motions to Suppress Denied: 1

Of Note:

Talmadge v. State:  A provocation defense in a “fighting words” disorderly conduct case should allow evidence of prior dealings, not just contemporaneous provocation.  Personally, I just hate these types of charges in general.

State v. Lanes: Officer had no reasonable suspicion for a Tier Two encounter when defendant was found in his car, late at night with red eyes messing with his contact lens case.  No smell of alcohol or marijuana.  Slow speech.  Court says that Lanes’s explanation of the contact lenses (supported by him actually having the case in his hand)  was sufficient and gave no cause for suspicion.

 Carter v. State: Cops get anonymous but specific tip of armed man in parking lot.  Officers see man fitting description.  Man responds to sight of officers by getting briefcase out of his car and walking towards the officers.  Cops ask man to put hands on head, man does not.  Frisk is allowed.  The Court thinks that his response of getting the case and walking towards the officers heightened fears that they may have been in danger.  I’m  not really with them on that.  They also say a tip without any indicia of reliability may be corroborated by circumstances at the scene.


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