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 […]
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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 […]
https://www.peachstatelawyer.com/wp-content/uploads/2020/08/w-scott-smith-logo.png00W. Scott Smithhttps://www.peachstatelawyer.com/wp-content/uploads/2020/08/w-scott-smith-logo.pngW. Scott Smith2011-07-07 13:38:522011-07-07 13:38:52During 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.
In 1975, the Supreme Court of the United States held in Brown v. Illinois, 422 U.S. 590 (95 SC 2254, 45 LE2d 416) (1975), statements derived from an illegal arrest or detention should be suppressed where the statements were not ‘sufficiently an act of free will.’ In Brown, the police broke into the defendant’s apartment, […]
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An Office Depot in Fulton County had video and still photographs, clearly showing Fields’s unobstructed face and body from several angles, stealing laptops. Fields’s features, which matched those of the man in the video, were described by the interviewing officer who identified Fields in the courtroom. Two witnesses testified that Fields appeared to be the […]
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SMITH v. THE STATE, 2011 Ga. App. LEXIS 590, July 1, 2011, the indictment against Smith alleged committed child molestation by “unlawfully perform[ing] an immoral and indecent act upon the person of [A. S.], a child under the age of sixteen (16) years, by placing his penis in her vagina with intent to arouse and […]
https://www.peachstatelawyer.com/wp-content/uploads/2020/08/w-scott-smith-logo.png00W. Scott Smithhttps://www.peachstatelawyer.com/wp-content/uploads/2020/08/w-scott-smith-logo.pngW. Scott Smith2011-07-05 21:20:472011-07-05 21:20:47The exact language of the indictment or accusation is extremely important as that allegation is what the State must prove
Cannot search car post arrest
/in Atlanta DUI /by W. Scott SmithBOYKINS 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.
/1 Comment/in Atlanta Domestic Violence, Atlanta Drug Crimes, Atlanta DUI, Atlanta Juvenile Crimes, Atlanta Theft Crimes /by W. Scott SmithNEW 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 […]
statements to cops are excluded where the statements stem from an illegal arrest
/in Atlanta DUI /by W. Scott SmithIn 1975, the Supreme Court of the United States held in Brown v. Illinois, 422 U.S. 590 (95 SC 2254, 45 LE2d 416) (1975), statements derived from an illegal arrest or detention should be suppressed where the statements were not ‘sufficiently an act of free will.’ In Brown, the police broke into the defendant’s apartment, […]
Sometimes it is good to be the thief
/in Atlanta Theft Crimes /by W. Scott SmithAn Office Depot in Fulton County had video and still photographs, clearly showing Fields’s unobstructed face and body from several angles, stealing laptops. Fields’s features, which matched those of the man in the video, were described by the interviewing officer who identified Fields in the courtroom. Two witnesses testified that Fields appeared to be the […]
The exact language of the indictment or accusation is extremely important as that allegation is what the State must prove
/in Atlanta DUI /by W. Scott SmithSMITH v. THE STATE, 2011 Ga. App. LEXIS 590, July 1, 2011, the indictment against Smith alleged committed child molestation by “unlawfully perform[ing] an immoral and indecent act upon the person of [A. S.], a child under the age of sixteen (16) years, by placing his penis in her vagina with intent to arouse and […]