Archive for February, 2009
The Georgia Court of Appeals recently had to determine if evidence was sufficient to support a conviction for possession of methamphetamine with intent to distribute and possession of marijuana under a theory of constructive possession. The court held there was not sufficient evidence, since the defendant’s cousin had equal access to the drugs but was not charged.
In Xiong v. State, the defendant, Xiong, allowed a police officer to search his home after the officer received a tip that a ...
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After the recent allegations hit the Peanut Corp.of America about the presence of salmonella in products it shipped from its Georgia plant, we decided to explore what sort of federal or Georgia criminal laws might apply to this case. (If you are interested in the details, a legal memo addressing food safety and criminal prosecutions under federal and Georgia law can be found after the break.)
According to the Atlanta Journal Constitution, the GBI was initially asked to look into ...
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The Georgia Supreme Court recently rejected a defense lawyer's challenge to the state’s marijuana statute on constitutional due process grounds.
The case (In the Interest of D.H.) required the Court to decide whether Georgia’s possession of marijuana statute created a mandatory presumption of guilt in violation of constitutional due process guarantees. The Court held that the language of the statute does not violate the Constitution.
The ruling stems from the arrest of two juveniles for possessing marijuana. Police received a ...
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The Georgia Court of Appeals recently decided that a driver displaying nervousness, a failure to make eye contact, and certain indicators of drug use during a routine traffic stop do not constitute reasonable suspicion necessary to search the vehicle for weapons.
In Bell v. State, Bell and his passenger were stopped by two Catoosa County Sheriff’s officers for traveling 39 in a 25 mph zone. The officers approached the sides of the vehicle and spoke with both men. Both ...
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