Defendant was shot while engaged in drug transaction and subsequently drove to his home. While bleeding in his doorway, police officers "smelled" fresh marijuana. In their haste, officers neglected to insert proper address into form affidavit. The trial court denied the motion to suppress and sentenced Defendant to five years in jail. The Court of Appeals reversed the conviction, thereby releasing Defendant from prison.
Bain v. State
Nov 19, 2002
After having his motion to suppress denied and convicted at a stipulated bench trial, Defendant, appealed denial of motion to suppress. Defendant, a former Army scout, upon returning from Desert Storm, created a narcotics distribution ring that relied upon threats and intimidation of potential witnesses. In the end, law enforcement investigation and assistance of an informant led to his apprehension. The Court of Appeals found the State conducted the investigation properly and affirmed the conviction (and incidentally, seizure of over $250,000 in assets.)
Burchette v. State of Georgia 278 Ga. 1
Georgia Supreme Court affirmed Court of Appeals affirmation of conviction of Defendant for Arson. Defendant was a holdover tenant who set rental house aflame on the day he was to relinquish control of the property.
State v. Goodman, 290 Ga. App. 196
suppression of $50,000 in narcotics upheld
Police, using subterfuge, gained entry into Defendant's home without a search warrant. Subsequent warrant was based upon illegally observed contraband. Trial Court suppressed evidence and State appealed, and lost.