Legal Opinion

Wells v. State

Court of Appeals of Georgia

Decided September 2, 1986No. 71635PublishedCited by 13 opinions

1Opinion of the Court

Benham, Judge.

This appeal is from appellant’s conviction of possession of marijuana with intent to distribute and possession of cocaine.

1. Relying on Franks v. Delaware, 438 U. S. 154 (98 SC 2674, 57 LE2d 667) (1978), appellant asserts that there was a false statement knowingly and intentionally, or with reckless disregard for the truth, included in the affidavit supporting the application for the search warrant pursuant to which the contraband involved in this case was seized. Franks provides that if the defendant makes a substantial showing of intentional falsity, the trial court must…

Also in this document: Concurrence.

2Cases cited7 opinions

  1. Franks v. DelawareSupreme Court of the United States · 1978
  2. State v. StephensSupreme Court of Georgia · 1984
  3. Strickland v. StateSupreme Court of Georgia · 1981
  4. Pope v. City of AtlantaSupreme Court of Georgia · 1977
  5. Griffith v. StateCourt of Appeals of Georgia · 1984

2 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. Roy Padgett v. James E. DonaldCourt of Appeals for the Eleventh Circuit · 2005
  2. State v. KirbabasCourt of Appeals of Georgia · 1998
  3. Mobley v. StateSupreme Court of Georgia · 2019
  4. Thomas v. StateCourt of Appeals of Georgia · 1992
  5. Napier v. StateCourt of Appeals of Georgia · 1987

8 more not listed; retrieve them via the Exa API.

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