Legal Opinion

State v. Kwiatkowski

Court of Appeals of Georgia

Decided June 2, 1999No. A99A0119PublishedCited by 18 opinions

1Opinion of the Court

Andrews, Judge.

Pursuant to OCGA § 5-7-1, the State appeals the trial court’s order suppressing evidence of 27 pounds of marijuana found in appellees’ car. For the following reasons, we affirm.

In reviewing a trial court’s order granting a motion to suppress, we construe the evidence most favorably to uphold the court’s ruling. Mao v. State, 222 Ga. App. 482, 483 (474 SE2d 679) (1996). It is the trial court’s duty to resolve conflicts in the evidence, and its findings of fact and credibility will not be disturbed on appeal unless they are clearly erroneous. Id.

At about 4:17 p.m. on August 15,…

2Cases cited10 opinions

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. United States v. MendenhallSupreme Court of the United States · 1980
  3. McClain v. StateCourt of Appeals of Georgia · 1997
  4. Rogers v. StateCourt of Appeals of Georgia · 1992
  5. Smith v. StateCourt of Appeals of Georgia · 1995

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

3Cited by18 opinions

  1. Pledger v. StateCourt of Appeals of Georgia · 2002
  2. Rosas v. StateCourt of Appeals of Georgia · 2005
  3. State v. HarrisCourt of Appeals of Georgia · 2003
  4. Warren v. StateCourt of Appeals of Georgia · 2002
  5. Almond v. StateCourt of Appeals of Georgia · 2000

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

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