· 3/9/1990
Lee v. Travelers Insurance
Citations
- 241 N.J. Super. 293
- 574 A.2d 1030
- 1990 N.J. Super. LEXIS 192
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that State properly brought appeal under OCGA § 5-7-1 (a) (4) when court excluded evidence as having been illegally obtained in violation of defendant’s constitutional rights
- explaining that OCGA § 5-7-1 (a) (4) applies when the State appeals an order suppressing or excluding evidence on the ground that it was obtained illegally
- noting that, when a trial judge sits as the trier of fact and hears evidence, “his findings based upon conflicting evidence are analogous to the verdict of a jury and should not be disturbed by a reviewing court if there is any evidence to support them” (citation and punctuation omitted)
- affirming suppression based in part on unreasonable delay between search and seizure where “the State made no showing of particular complexity, difficulty in drafting the warrant, or competing demands on a limited number of officers”
- Eleventh Circuit decisions are not binding in Georgia courts, although this Court can consider them as persuasive authority.
- when this Court reviews a ruling on a motion to suppress, we defer to the factual findings of the trial court unless clearly erroneous
Source: CourtListener parenthetical corpus (CC0).
Judges: Lintner
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.