Morris v. State, 593 S.E.2d 360 (Ga. Ct. App. 2004). · Go Syfert
Morris v. State, 593 S.E.2d 360 (Ga. Ct. App. 2004). Cases Citing This Book View Copy Cite
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cited 3× by 2 distinct cases, 2010–2012 · …hearsay, even if not objected to, proves nothing at p. 188 ✓
9 citation events (9 in the last 25 years) across 1 distinct court.
Strongest positive: Henley v. State (gactapp, 2012-10-03)
Top citers, strongest first. 4 distinct citers. How cited ↗
discussed Cited as authority (quoted) Henley v. State (2×) also: Cited as authority (rule)
Ga. Ct. App. · 2012 · quote attribution · 1 verbatim quote · confidence low
hearsay, even if not objected to, proves nothing
discussed Cited as authority (quoted) Rappley v. State (2×) also: Cited as authority (rule)
Ga. Ct. App. · 2010 · quote attribution · 1 verbatim quote · confidence low
hearsay, even if not objected to, proves nothing
discussed Cited as authority (rule) Joel Henley v. State
Ga. Ct. App. · 2012 · confidence medium
Henley correctly objected to this statement on hearsay grounds, and the trial court erred by considering it.2 Such a statement derives its value 2 See, e.g., Zachery v. State, 276 Ga. App. 688, 691 (2) ( 624 SE2d 265 ) (2005) (testimony by one officer as to what another officer told him that an informant said was inadmissible hearsay); Morris v. State, 265 Ga. App. 186, 187 ( 593 SE2d 360 ) 3 not from the credit of the testifying officer but from the veracity and competency of the non-testifying officer.3 Hearsay testimony lacks probative value, so the trial court erred by relying on the hears…
discussed Cited as authority (rule) Yingst v. State
Ga. Ct. App. · 2007 · confidence medium
Blackburn, P. J., and Bernes, J., concur. 1 See Slayton v. State, 281 Ga. App. 650 (1) ( 637 SE2d 67 ) (2006). 2 Id. at 651 . 3 Lieutenant Ferguson was in Iraq at the time of the hearing. 4 See Gamble v. State, 283 Ga. App. 326, 327 (3) ( 641 SE2d 556 ) (2007). 5 Morris v. State, 265 Ga. App. 186, 187 ( 593 SE2d 360 ) (2004). 6 See id. at 187-188 ; Blackburn v. State, 256 Ga. App. 800, 801 ( 570 SE2d 36 ) (2002); Baker v. State, 252 Ga. App. 695, 699 (1) ( 556 SE2d 892 ) (2001). 7 See OCGA § 24-3-14 (b); Tubbs v. State, 283 Ga. App. 578, 580 ( 642 SE2d 205 ) (2007). 8 (Punctuation omitted.) B…
Retrieving the full opinion text from the archive…
Morris
v.
the State
A04A0241.
Court of Appeals of Georgia.
Jan 15, 2004.
593 S.E.2d 360
2004 Ga. App. LEXIS 53
Jay, Sherrell, Smith & Braddy, Robert E. Sherrell, for appellant., Denise D. Fachini, District Attorney, Cheri L. Nichols, Assistant District Attorney, for appellee.
Barnes, Blackburn, Mikell.
Cited by 4 opinions  |  Published
1 passages pin-cited by 2 cases
Pinpoint authority: bottom 91%
Citer courts: Court of Appeals of Georgia (2)
Blackburn, Presiding Judge.

Following his indictment for driving under the influence of alcohol, James Dennis Morris, in this interlocutory appeal, contends that the trial court erred by denying his motion to suppress all evidence of his intoxication seized from him as a result of being stopped at an illegal roadblock. Specifically, Morris contends that the State failed to meet its burden of providing probative evidence that a supervising[*187] officer initiated the roadblock for a valid purpose. For the reasons set forth below, we reverse.

The record shows that the responsible supervisor for the roadblock in this case did not testify. Instead, two field officers took the stand and stated that their supervisor established the roadblock for the legitimate purpose of checking insurance and seat belt use. This testimony was hearsay and had no probative value. No probative evidence whatsoever was provided which would show that the supervisor properly established the roadblock in this case for a legitimate purpose. Under these facts, Morris’s motion to suppress should have been granted.

This case is controlled by Blackburn v. State [1] and Baker v. State 2 In Blackburn, supra at 800-801, we explained:

A police roadblock is constitutional provided that, among other things, the decision to implement the roadblock was made by supervisory personnel rather than officers in the field. LaFontaine v. State. 3 Moreover, the supervisory officers must have a valid primary purpose for the roadblock other than merely seeking to uncover evidence of ordinary criminal wrongdoing. City of Indianapolis v. Edmond; [4] Baker[, supra at 698 (1)]. In establishing the lawfulness of a roadblock, the state has the burden of presenting some admissible evidence, testimonial or written, that supervisory officers decided to implement the roadblock, decided when and where to implement it, and had a legitimate primary purpose for it. Baker, supra at 701-702. In the instant case, the only evidence presented by the state regarding the roadblock came from the testimony of the state trooper who stopped Blackburn at the roadblock. He testified that a supervising corporal had authorized the roadblock to check licenses and sobriety. The corporal, however, did not testify, and there was no other evidence, written or testimonial, establishing that supervisory officers decided to implement the roadblock for a legitimate purpose.

Because no probative evidence of the supervisor’s purpose was introduced in Blackburn, only the hearsay evidence provided by the field[*188] officers, we reversed the trial court’s denial of the defendant’s motion to suppress.

Decided January 15, 2004. Jay, Sherrell, Smith & Braddy, Robert E. Sherrell, for appellant. Denise D. Fachini, District Attorney, Cheri L. Nichols, Assistant District Attorney, for appellee.

Similar to the facts in Blackburn, in this case the responsible supervisor for the roadblock did not testify, and the State provided no other probative evidence to show that the supervisor properly established the roadblock in this case for a legitimate purpose.

[T]o the extent the state relies on [the field officers’ testimony] to establish that the [supervisor] decided to implement the roadblock and to establish the [supervisor’s] purpose, [it] is hearsay. OCGA § 24-3-2; Baker, supra at 699. Such hearsay, even if not objected to, proves nothing. [Id.] Because the state failed to introduce any probative evidence that a supervising officer authorized the roadblock for a legitimate purpose, the state has not shown that the roadblock was constitutional. Compare Perdue v. State [5] (supervising officer testified that he ordered roadblock for an intersection that had previously been a good site for detecting impaired drivers). The trial court therefore erred in denying [Morris’s] motion to suppress evidence seized pursuant to the roadblock.

Id. at 801.

Judgment reversed.

Barnes and Mikell, JJ, concur.
1

Blackburn v. State, 256 Ga. App. 800 (570 SE2d 36) (2002).

2

Baker v. State, 252 Ga. App. 695 (556 SE2d 892) (2001).

3

LaFontaine v. State, 269 Ga. 251, 253 (3) (497 SE2d 367) (1998).

4

City of Indianapolis v. Edmond, 531 U. S. 32, 41-42 (121 SC 447, 148 LE2d 333) (2000).

5

Perdue v. State, 256 Ga. App. 765, 766 (1) (a) (578 SE2d 456) (2002).