Wells v. State
Court of Appeals of Georgia
1ConcurrenceBeasley, Judge
I concur with all that is said in the opinion except with respect to Division 2 regarding the state constitutional claim. I do not believe that the federal constitutional standards regarding false statements in warrant affidavits, which standards were applied by this intermediate appellate court only in a federal claim context in Cuevas v. State, 151 Ga. App. 605 (E) (260 SE2d 737) (1979), automatically constitute the state constitutional standard via State v. Stephens, 252 Ga. 181 (311 SE2d 823) (1984). The Georgia Supreme Court did not adopt Cuevas in Stephens, nor did it rule on the…
2Cases cited21 opinions
- Illinois v. GatesSupreme Court of the United States · 1983
- Franks v. DelawareSupreme Court of the United States · 1978
- Michigan v. LongSupreme Court of the United States · 1983
- Massachusetts v. UptonSupreme Court of the United States · 1984
- State v. KennedyOregon Supreme Court · 1983
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