Legal Opinion · Dissent

Miller v. State

Supreme Court of Georgia

Decided November 22, 2010No. S10G0158Published

1DissentCarley, Presiding Justice

The majority inexplicably disregards the trial court’s findings with regard to the entire team of police officers involved in the investigatory stop of Miller, and instead considers only the findings with respect to Officer Williams by relying primarily on the trial court’s supposed determination of his credibility.

The trial court itself recognized that it could not focus solely on Williams’ knowledge and testimony. The order of the trial court shows that it, unlike the majority, understood that there exist two possible grounds on which the stop of Miller could be justified. That…

2Cases cited16 opinions

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. United States v. ArvizuSupreme Court of the United States · 2002
  3. Tate v. StateSupreme Court of Georgia · 1994
  4. United States v. Donald CookCourt of Appeals for the First Circuit · 2002
  5. Black v. StateCourt of Appeals of Georgia · 2006

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