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State v. Rosenbaum

Citations

  • 826 S.E.2d 18
  • 305 Ga. 442

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: Boggs

Read full opinion on CourtListener

Cited by

31 cases in this archive cite this case; the 20 most cited are listed.

Cites

30 cases in this archive are cited by this case; the 20 most cited are listed.

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