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Jury Duty for Peach State Lawyer

The Peach State Lawyers would like to wish our friend and fellow Peach State Lawyer Mike Jacobs well as he spends this week performing one of the most important of all civic duties: jury duty. Article III, Section 2 of the Constitution of the United States states, “The Trial of all Crimes, except in Cases […]

Municipal Court of Atlanta Strikes Again

Peach State Lawyer Daniel Farnsworth here.  I was in the Municipal Court of Atlanta today once again trying to correct the court’s error. Background: If you have a court date and you fail to appear in court, the court may report this Failure to Appear (FTA) to the Georgia Department of Driver Services (DDS).  DDS […]

Peach State Lawyers trial victory!

In my first blog post, Peach State Lawyer Daniel Farnsworth wants to be the first to congratulate our co-worker, colleague, and good friend Peach State Lawyer Michael Murphy on his first jury trial victory.  This is the first of many more trial victories to come for Michael. Here are the details: Peach State Lawyer Michael […]

Atlanta Police Department was Awarded a $140,200 Grant

The Governor’s Office of Highway Safety gave the money to APD’s Highway Enforcement of Aggressive Traffic units that aim to enforce speeding laws, reduce drunk driving accidents and educate communities about safety. The Atlanta Police Department will add $140,200 to the local unit’s budget, giving the program a $233,600 budget. Between October 2011 and September […]

Police cannot prolong a traffic stop without more than a hunch

In Dominguez, deputies stopped a car driven by Dominguez after they observed him fail to properly signal a right turn.Dominquez appeared nervous when he gave his driver’s license to the deputies.The deputies had Dominguez exit his car.The deputies asked did he have any drugs or weapons on his person.Dominguez said that he did not have […]

Forced Blood Draws

Georgia State Patrol Night Hawks Division has gone to a new system in Fulton County. If you refuse to take a breath test at the jail on the Intoxilyzer 5000, the trooper will seek a telephonic warrant with a magistrate judge to force you to give the State a sample of your blood. If the […]

Must charge accident to jury

OGILVIE v. STATE Shirley Ogilvie appealed her convictions of vehicular homicide in the second degree (OCGA § 40-6-393(c)) and failing to stop for a pedestrian in a crosswalk (OCGA § 40-6-91(a)). Shirley argued the trial court erred by declining to give Ogilvie’s requested charge on accident. The trial court failed to explain to the jury […]

Cannot search car post arrest

BOYKINS v. STATE – Following trial, Reginald Boykins was convicted of possession of cocaine and sentenced to four years imprisonment. He appealed his conviction and the denial of his motion to suppress drug evidence seized from his vehicle to the Court of Appeals, arguing that the vehicle search violated his Fourth Amendment rights under the […]

During jury selection, the prosecutor cannot make remarks which would prejudice the panel. Doing so, requires the panel to be excused under a challenge to the poll.

NEW CASE just published Bell v. State, A11A0118 (July 5, 2011). Following his 2005 conviction for rape, defendant appealed from the denial of his motion for new trial. During voir dire, the panel member stated that he had heard of a person named James Bell who was accused of a previous sexual assault in another […]