State v. Smith
308 Ga. App. 345
| Ga. Ct. App. | 2011Background
- Elvis Smith was indicted on robbery by force and kidnapping based on alleged hijacking and abduction.
- Smith moved to suppress photographic lineup identifications and to preclude in-court identifications of him.
- The trial court granted the motion to suppress without holding an evidentiary hearing.
- The State appealed, arguing the suppression order should not have been granted without an evidentiary hearing.
- Hearing proceedings spanned Nov. 17, 2009 and Feb. 8, 2010, with the court indicating the State could present evidence but ultimately granting the suppression.
- The appellate court vacated the suppression order and remanded for further proceedings consistent with its opinion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the State may directly appeal the suppression order | State relied on OCGA 5-7-1(a)(4) permitting direct appeal. | Smith contends lack of jurisdiction; order was sanction-based, not substantive suppression. | Jurisdiction proper; direct appeal authorized under OCGA § 5-7-1(a)(4). |
| Whether the trial court erred by suppressing identifications without an evidentiary hearing | State argues evidentiary contest was necessary to test legality of lineup. | Smith argues suppression was proper due to unlawfully obtained identifications. | Abused discretion to bar evidence and grant suppression without an evidentiary hearing; remand for further proceedings. |
Key Cases Cited
- State v. Lavell, 214 Ga.App. 525 (1994) (direct appeal not authorized where suppression rests on non-law grounds)
- Berky v. State, 266 Ga. 28 (1995) (strict construction against the State; focus on substance of action for appeal)
- Strickman v. State, 253 Ga. 287 (1984) (liberal construction of remedial appeal statute for pre- jeopardy corrections)
- State v. Morrell, 281 Ga. 152 (2006) (state right to appeal suppression orders; reiterates Strickman principles)
- State v. Kramer, 260 Ga.App. 546 (2003) (limits on appealing evidentiary rulings based on general grounds)
- Martin v. State, 278 Ga. 418 (2004) (strict construction of OCGA § 5-7-1(a); Strickman distinguished)