State v. Gary

Court of Appeals of Georgia

State v. Gary

432 S.E.2d 123, 208 Ga. App. 480, 93 Fulton County D. Rep. 1717, 1993 Ga. App. LEXIS 613

CourtCourt of Appeals of Georgia

DecidedApril 14, 1993

DocketA91A0735

StatusPublished

This text of 432 S.E.2d 123 (State v. Gary) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Gary, 432 S.E.2d 123, 208 Ga. App. 480, 93 Fulton County D. Rep. 1717, 1993 Ga. App. LEXIS 613 (Ga. Ct. App. 1993).

Pincite

Opinion

Blackburn, Judge.

In State v. Gary, 201 Ga. App. 556 (411 SE2d 536) (1991), this court reversed the trial court’s grant of the appellees’ motion to suppress evidence seized during a search of their home pursuant to a search warrant. However, in Gary v. State, 262 Ga. 573 (422 SE2d 426) (1992), the Supreme Court reversed, holding that the good-faith exception to the exclusionary rule enunciated in United States v. Leon, 468 U. S. 897 (104 SC 3405, 82 LE2d 677) (1984), is not applicable in Georgia in light of the statutory exclusionary rule provided in OCGA § 17-5-30. Accordingly, this court’s original judgment is vacated, and the judgment of the Supreme Court is hereby made the judgment of this court. The judgment of the trial court is, therefore, affirmed.

Judgment affirmed.

McMurray, P. J., and Andrews, J., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Blackburn, Judge.

In State v. Gary, 201 Ga. App. 556 (411 SE2d 536) (1991), this court reversed the trial court’s grant of the appellees’ motion to suppress evidence seized during a search of their home pursuant to a search warrant. However, in Gary v. State, 262 Ga. 573 (422 SE2d 426) (1992), the Supreme Court reversed, holding that the good-faith exception to the exclusionary rule enunciated in United States v. Leon, 468 U. S. 897 (104 SC 3405, 82 LE2d 677) (1984), is not applicable in Georgia in light of the statutory exclusionary rule provided in OCGA § 17-5-30. Accordingly, this court’s original judgment is vacated, and the judgment of the Supreme Court is hereby made the judgment of this court. The judgment of the trial court is, therefore, affirmed.

Judgment affirmed.

McMurray, P. J., and Andrews, J., concur.

Cite This Page — Counsel Stack

Bluebook (online)

432 S.E.2d 123, 208 Ga. App. 480, 93 Fulton County D. Rep. 1717, 1993 Ga. App. LEXIS 613, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-gary-gactapp-1993.

Opinion

Related

Cite This Page — Counsel Stack