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 […]

statements to cops are excluded where the statements stem from an illegal arrest

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, […]