Legal Opinion · Dissent

McDaniel v. State

Court of Appeals of Georgia

Decided March 15, 1996No. A95A2334Published

1DissentMcMurray, Presiding Judge

I, respectfully, dissent as I believe the trial court erred in granting the State’s motion in limine, thereby preventing defendant from introducing evidence that Officer Pearson abused his authority during other incidents while performing his law enforcement duties.

The trial court refused to allow at least a dozen internal affairs’ complaints against Officer Pearson indicating prior incidents where the officer was unable to exercise restraint while performing his duties. One of these reports reflects an incident at Shallowford Hospital in 1991 where Officer Pearson threatened to arrest an…

2Cases cited12 opinions

  1. Cargill v. StateSupreme Court of Georgia · 1986
  2. Lockwood v. StateSupreme Court of Georgia · 1988
  3. Milton v. StateSupreme Court of Georgia · 1980
  4. Baker v. StateSupreme Court of Georgia · 1914
  5. Durden v. StateCourt of Appeals of Georgia · 1988

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