Legal Opinion · Concurring in part, dissenting in part

Springsteen v. State

Court of Appeals of Georgia

Decided November 3, 1992No. A92A1195Published

1Concurring in part, dissenting in partBirdsong, Presiding Judge

Because I believe that the issue raised by appellant is not appeal-able and because it appears timely to define with greater precision the scope of Mims v. State, 201 Ga. App. 277 (410 SE2d 824), I dissent in part. However, I concur fully with the majority’s holding that the search and seizure was lawful and not in violation of appellant’s Fourth Amendment rights.

I also write because of my concern that the majority has so weakened the precedential value of Mims, by finding a tacit approval of a conditional plea to be tantamount to express approval, as to place primarily in the hands of…

2Cases cited5 opinions

  1. Blackledge v. PerrySupreme Court of the United States · 1974
  2. Mims v. StateCourt of Appeals of Georgia · 1991
  3. Harris v. HopperSupreme Court of Georgia · 1976
  4. Addison v. StateSupreme Court of Georgia · 1977
  5. Fuller v. StateCourt of Appeals of Georgia · 1987

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