State v. Livingston

Court of Appeals of Georgia

State v. Livingston

245 S.E.2d 11, 145 Ga. App. 792, 1978 Ga. App. LEXIS 2135

CourtCourt of Appeals of Georgia

DecidedApril 6, 1978

Docket55545

StatusPublished

This text of 245 S.E.2d 11 (State v. Livingston) 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. Livingston, 245 S.E.2d 11, 145 Ga. App. 792, 1978 Ga. App. LEXIS 2135 (Ga. Ct. App. 1978).

Pincite

Opinion

Webb, Judge.

This appeal by the state from an order of the superior court suppressing certain evidence was transferred here by the Supreme Court. The evidence was seized in the exercise of a search warrant obtained by two police officers from a justice of the peace who apparently was paid on a fee basis. The warrant was issued and executed December 5, 1976. The trial court applied retroactively Connally v. Georgia, 429 U. S. 245 (97 SC 546,50 LE2d 444) (1977) and suppressed the evidence.

We reverse. The ruling in State v. Patterson, 143 Ga. App. 225 (237 SE2d 707) (1977) is controlling, and we hold that the trial judge erred in applying the Connally decision retroactively.

Judgment reversed.

Quillian, P. J., and McMurray, J., concur. Thomas J. Charron, District Attorney, Joseph L. Chambers, Assistant District Attorney, for appellant. Barnes & Browning, Roy E. Barnes, Thomas J. Browning, for appellees.

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