Holmes v. State

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• reversing conviction where evidence underlying prosecution was seized during an illegal second-tier detention of the defendant
• finding no reasonable, articulable suspicion of criminal activity, where the defendant walked through a parking lot known for drug activity, stopped briefly at parked cars, changed his walking direction after noticing the police, and appeared nervous when approached by the police
• approaching the passenger’s side of a car in a “high-crime area,” walking back toward an apartment complex, changing his mind, and walking back toward a car parked on the side of the road is insufficient to indicate defendant had or was about to engage in criminal activity
• Terry stop improper where defendant walked away, in a known drug area, and seemed nervous
• where police initiated flashing blue lights and required defendant to step from car, the interaction was second-tier encounter
• person approaching passenger side of car in high-crime area, then walking away, then walking back toward another car parked in street did not provide reasonable suspicion required for a Terry stop

Source: CourtListener parenthetical corpus (CC0).

Cited by

19 cases in this archive cite this case.

• State v. Dukes
  Court of Appeals of Georgia· 2006-05-08· cited 40×
• Walker v. State
  Court of Appeals of Georgia· 2009-08-20· cited 36×
• Brown v. State
  Court of Appeals of Georgia· 2009-10-23· cited 26×
• Thomas v. State
  Court of Appeals of Georgia· 2009-11-19· cited 25×
• Faulkner v. State
  Court of Appeals of Georgia· 2002-06-26· cited 21×
• State v. Harris
  Court of Appeals of Georgia· 2003-05-05· cited 21×
• O'NEAL v. State
  Court of Appeals of Georgia· 2005-06-01· cited 16×
• Prather v. State
  Court of Appeals of Georgia· 2006-06-16· cited 15×
• Howard v. State
  Court of Appeals of Georgia· 2004-02-25· cited 10×
• Franklin v. State
  Court of Appeals of Georgia· 2006-08-31· cited 10×
• Thomas v. State
  Court of Appeals of Georgia· 2009-09-17· cited 7×
• Lawrence v. State
  Court of Appeals of Georgia· 2009-11-03· cited 5×
• Hernandez-Espino v. State
  Court of Appeals of Georgia· 2013-11-19· cited 2×
• Elvine v. State
  Court of Appeals of Georgia· 2015-10-23· cited 2×
• Rashawn Eugene Runnells v. State
  Court of Appeals of Georgia· 2020-11-17
• Maxime Patrick Bien-Aime v. State
  Court of Appeals of Georgia· 2021-11-08
• Hilbun v. State
  Court of Appeals of Georgia· 2011-12-28
• Jose Hernandez-Espino v. State
  Court of Appeals of Georgia· 2013-11-19
• Anthony Elvine v. State
  Court of Appeals of Georgia· 2015-10-23

Cites

6 cases in this archive are cited by this case.

• Illinois v. Wardlow
  Supreme Court· 2000-01-19· cited 4,162×
• McClain v. State
  Court of Appeals of Georgia· 1997-06-05· cited 69×
• Hughes v. State
  Supreme Court of Georgia· 1998-02-23· cited 60×
• State v. Winnie
  Court of Appeals of Georgia· 2000-02-03· cited 33×
• McAdoo v. State
  Court of Appeals of Georgia· 1982-09-08· cited 31×
• Holt v. State
  Court of Appeals of Georgia· 1997-06-05· cited 30×