Legal Opinion

State v. Ferrell

Court of Appeals of Georgia

Decided November 5, 2003No. A03A2431Published

1Opinion of the Court

Eldridge, Judge.

The State appeals from the State Court of Glynn County’s order granting Lisa Ann Ferrell’s motion in limine premised upon an illegal stop of her vehicle. For the reasons that follow, we reverse.

Factual and credibility determinations made by a trial judge after a suppression hearing or a motion in limine hearing to exclude evidence are accepted by appellate courts unless clearly erroneous. However, where [, as here,] the evidence is uncontroverted and no question regarding the credibility of witnesses is presented, the trial court’s application of the law to undisputed facts is…

2Cases cited6 opinions

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. Sanders v. StateCourt of Appeals of Georgia · 2003
  3. State v. DayCourt of Appeals of Georgia · 1999
  4. Cunningham v. StateCourt of Appeals of Georgia · 1995
  5. Vaughn v. StateCourt of Appeals of Georgia · 2000

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