Legal Opinion · Dissent

Rodriguez v. State

Court of Appeals of Georgia

Decided April 12, 2013No. A12A2397Published

1DissentDillard, Judge

Like the per curiam, I am of the view that Rodriguez’s motion to suppress failed to provide the State with notice of all the legal issues to be resolved at the suppression hearing.15 Nevertheless, the trial court did, at the conclusion of that hearing, provide the parties with an opportunity to file post-hearing briefs on the validity of the stop. As such, I am not inclined to conclude that the issue of whether the initial stop of the vehicle was valid has been waived on appeal. That said, I do think Rodriguez’s failure to give the State pre-hearing notice as to the scope of the legal issues…

2Cases cited8 opinions

  1. State v. GomezCourt of Appeals of Georgia · 2004
  2. Young v. StateSupreme Court of Georgia · 2007
  3. Kollie v. StateCourt of Appeals of Georgia · 2009
  4. Hernandez-Lopez v. StateCourt of Appeals of Georgia · 2013
  5. State v. RoddyCourt of Appeals of Georgia · 1998

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