Legal Opinion
State v. Nesbitt
Court of Appeals of Georgia
Decided July 8, 2010No. A10A0610PublishedCited by 7 opinions
1Opinion of the Court
PHIPPS, Presiding Judge.
In connection with a traffic stop, Douglas Nesbitt was charged with numerous offenses. Nesbitt moved to suppress all evidence seized after the car was stopped. The trial court granted the motion, and the state appeals. For reasons that follow, we affirm.
An appellate court reviewing a trial court’s order concerning a motion to suppress evidence should be guided by three principles with regard to the interpretation of the trial court’s judgment of the facts:
First, when a motion to suppress is heard by the trial judge, that judge sits as the trier of facts. The trial…
2Cases cited27 opinions
- Terry v. OhioSupreme Court of the United States · 1968
- Katz v. United StatesSupreme Court of the United States · 1967
- South Dakota v. OppermanSupreme Court of the United States · 1976
- Abel v. United StatesSupreme Court of the United States · 1960
- Vansant v. StateSupreme Court of Georgia · 1994
22 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Walker v. StateCourt of Appeals of Georgia · 2012
- Johnson v. StateCourt of Appeals of Georgia · 2010
- Sellers v. the StateCourt of Appeals of Georgia · 2015
- Askew v. StateCourt of Appeals of Georgia · 2014
- The State v. PadgettCourt of Appeals of Georgia · 2014
2 more not listed; retrieve them via the Exa API.