Allen v. State

Judge Harold R. Banke.

Johnathan Allen was convicted of committing an aggravated assault on City of Marietta Police Officer Harvey by kicking him about the head and of obstruction of Officer Doyle in the lawful discharge of his official duties. Allen raises issues concerning the sufficiency of the evidence and the legality of his detention by Officer Harvey.

Marietta Police Lieutenant Spradley and Officers Harvey and Doyle responded to a report of drugs being sold from a red pickup truck in the parking lot of Hunter’s Package Store, an area notorious for illegal drug activity. Spradley first…