Legal Opinion

State v. Damato

Court of Appeals of Georgia

Decided January 29, 2010No. A10A0274PublishedCited by 13 opinions

1Opinion of the Court

JOHNSON, Presiding Judge.

In this case, the state appeals the trial court’s order finding the officer did not have probable cause to arrest Maria Damato and granting Damato’s motion to suppress the result of a state-administered breath test. Because we find no error, we affirm the trial court’s order.

When reviewing a trial court’s order on a motion to suppress, we must construe the evidence most favorably to uphold the findings and judgment of the trial court, and we review de novo the trial court’s application of the law to undisputed facts. Moreover, the trial court’s decisions with regard…

2Cases cited5 opinions

  1. Cann-Hanson v. StateCourt of Appeals of Georgia · 1996
  2. State v. EllisonCourt of Appeals of Georgia · 2005
  3. Handley v. StateCourt of Appeals of Georgia · 2008
  4. Lenhardt v. StateCourt of Appeals of Georgia · 2005
  5. State v. RishCourt of Appeals of Georgia · 2009

3Cited by13 opinions

  1. Lacy v. LacyCourt of Appeals of Georgia · 2013
  2. Bostic v. the StateCourt of Appeals of Georgia · 2015
  3. State v. CullerCourt of Appeals of Georgia · 2019
  4. State v. JenningsCourt of Appeals of Georgia · 2012
  5. Roger Canelas v. StateCourt of Appeals of Georgia · 2018

8 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API