Legal Opinion
State v. Roe
Court of Appeals of Georgia
Decided November 23, 1993No. A93A1082PublishedCited by 6 opinions
1Opinion of the Court
Beasley, Presiding Judge.
The State appeals as permitted by OCGA § 5-7-1 (4) from an order granting defendant’s motion to suppress. He is charged with being a habitual violator of motor vehicle laws. OCGA § 40-5-58 (c).
1. Because there was no physical evidence sought to be introduced, defendant’s motion is more accurately denominated a motion in limine to exclude the officer’s testimony based on the alleged constitutional violation. Substance, not title, controls. Goswick v. State, 150 Ga. App. 279, 280 (1) (257 SE2d 303) (1979). The trial court properly reached the merits by treating the…
2Cases cited16 opinions
- State v. JohnstonSupreme Court of Georgia · 1982
- Baker v. StateSupreme Court of Georgia · 1987
- Hayes v. StateCourt of Appeals of Georgia · 1991
- State v. StrickmanSupreme Court of Georgia · 1984
- Taylor v. StateCourt of Appeals of Georgia · 1986
11 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- McClain v. StateCourt of Appeals of Georgia · 1997
- Shaw v. StateCourt of Appeals of Georgia · 2001
- Chives v. StateCourt of Appeals of Georgia · 1994
- Welborn v. StateCourt of Appeals of Georgia · 1998
- State v. BrownCourt of Appeals of Georgia · 2004
1 more not listed; retrieve them via the Exa API.