Duke v. State (1992)
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· 107 citation events
across 3 courts.
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Treatment trajectory · 1992 → 2026 · click a year to view the case as of then
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Herbert W. Perkins v. Michael C. Thrasher (2017)
See id. at 598 (finding refusal to comply with commands as sufficient proof of obstruction); Stryker v. State, 297 Ga.App. 493 , 677 S.E.2d 680, 682-83 (2009) (finding that directly disobeying and officer’s commands constitutes sufficient proof of obstruction); Duke v. State, 205 Ga.App. 689 , 423 S.E.2d 427, 428-29 (1992) (finding that lying to an officer is sufficient proof of obstruction).
finding that lying to an officer is sufficient proof of obstruction
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Turner v. Jones (2011)
For examples of conduct that satisfy the obstruction element of § 16-10-24(a), see Draper v. Reynolds, 369 F.3d 1270, 1277 (11th Cir.2004) (belligerent refusal to comply with officer instructions); Stryker v. State, 297 Ga.App. 493 , 677 S.E.2d 680, 682 (2009) (telling friend to disobey an officer’s order); Leckie v. State, 231 Ga.App. 760 , 500 S.E.2d 627, 627-28 (1998) (unleashing string of profanities, obstinately refusing to go to jail, and purposefully turning away from…
lying with intent of misdirecting officer as to performance of official duties
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Wilcox v. State (2009)
See Stryker v. State; 14 Duke, supra, 205 Ga. App. at 689-690.
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Williams v. State (2008)
Blackburn, P. J., and Bernes, J., concur. 1 See Sistrunk v. State, 287 Ga. App. 39 ( 651 SE2d 350 ) (2007). 2 See Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979); Sistrunk, supra. 3 (Punctuation omitted.) Berrian v. State, 270 Ga. App. 582 ( 608 SE2d 540 ) (2004). 4 See Hudson v. State, 135 Ga. App. 739, 742 (2) ( 218 SE2d 905 ) (1975). 5 See Mai v. State, 259 Ga. App. 471, 472 (1) ( 577 SE2d 288 ) (2003). 6 See Duke v. State, 205 Ga. App. 689, 690 ( 423 …
“lying [to a police officer] with the intent of misdirecting him as to the performance of his official duties can certainly constitute a hindrance and authorize a misdemeanor [obstruction] conviction”
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JENKINS v. LEE (2021)
Obstruction of a police officer “includes any act that directly interferes with, impedes, interrupts, or prevents or perverts the public administration of justice.” Panzer v. State, 273 Ga. App. 868, 869 (2005); see e.g., Draper v. Reynolds, 369 F.3d 1270, 1277 (11th Cir. 2004) (“By repeatedly refusing to comply with [the officer’s] reasonable instructions, and by acting belligerently and confrontationally, [the plaintiff] hindered” completion of the traffic stop.); Leckie v…
“[L]ying with the intent of misdirecting [an officer] as to the performance of his official duties can certainly constitute a hinderance and authorize a misdemeanor conviction under . . . O.C.G.A. § 16-10-24(a).”
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The State v. Allen (2015)
State, 298 Ga.App. 391, 394 (1) (a) ( 680 SE2d 459 ) (2009) (punctuation omitted); accord State v. Walker, 295 Ga. 888, 889-890 ( 764 SE2d 804 ) (2014). 11 Minor, 298 Ga. App. at 394 (1) (a) (punctuation omitted); accord Jones v. State, 291 Ga. 35, 37 (1) ( 727 SE2d 456 ) (2012) (noting that a first-tier encounter may become a seizure when “in view of all of the circumstances surrounding the incident, a reasonable person would have believed that he was not free to leave” (pu…
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Harris v. State (2012)
See Wells v. State, 297 Ga. App. 153, 157 ( 676 SE2d 821 ) (2009) (finding obstruction of a law enforcement officer by giving misleading information to police officer responding to accident); Duke v. State, 205 Ga. App. 689, 690 ( 423 SE2d 427 ) (1992) (The trial court was authorized to find that appellant’s lie as to whether the arrestee was present in her home actually hindered and obstructed the officers in their efforts to make the arrest.).
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United States v. Virden (2006)
See Wilson v. State, 261 Ga.App. 576, 578 , 583 S.E.2d 243, 245 (2003) (finding obstruction where suspect named Wilson told officers who were looking for suspect named Wilson that his name was Brown and provided false social security number); Duke v. State, 205 Ga.App. 689, 690 , 423 S.E.2d 427, 428 (1992) (noting that willfully lying about location of arrestee to officer attempting to execute arrest warrant constitutes obstruction).
noting that willfully lying about location of arrestee to officer attempting to execute arrest warrant constitutes obstruction
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Wilson v. State (2003)
This court has held that “lying with the intent of misdirecting [an officer] as to the performance of his official duties can certainly constitute a hindrance and authorize a misdemeanor conviction under existing OCGA § 16-10-24 (a).” Duke v. State, 205 Ga. App. 689, 690 ( 423 SE2d 427 ) (1992).
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Arnold v. State (2001)
See also Blanton v. State, 191 Ga. App. 454, 455 (1), (2) ( 382 SE2d 133 ) (1989) (whether defendant had requisite intent was for the jury to determine, despite expert testimony that defendant was an exhibitionist). 7 See Wilhelm v. State, 237 Ga. App. 682, 683-684 (1) ( 516 SE2d 545 ) (1999); Hathcock v. State, 214 Ga. App. 188, 190 (2) ( 447 SE2d 104 ) (1994); Blanton, supra. 8 Animashaun v. State, 207 Ga. App. 156, 159 (1) ( 427 SE2d 532 ) (1993). 9 See Duke v. State, 205…
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Leckie v. State (1998)
Duke v. State, 205 Ga. App. 689, 690 ( 423 SE2d 427 ) (1992).
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Basu v. State (1997)
Duke v. State, 205 Ga. App. 689, 690 ( 423 SE2d 427 ) (1992).
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Stepherson v. State (1997)
Duke v. State, 205 Ga. App. 689, 690 ( 423 SE2d 427 ) (1992).
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Pearson v. State (1997)
“OCGA § 16-10-24 (b) requires proof that the accused offered or did violence to the person of an officer. . . .” Duke v. State, 205 Ga. App. 689, 690 ( 423 SE2d 427 ) (1992).
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Sapp v. State (1996)
Duke v. State, 205 Ga. App. 689, 690 ( 423 SE2d 427 ).
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Strickland v. State (1996)
See Kelley v. State, 171 Ga. App. 222, 223 ( 319 SE2d 81 ) (1984); Moccia v. State, 174 Ga. App. 764, 765 ( 331 SE2d 99 ) (1985); Cason v. State, 197 Ga. *519 App. 308 ( 398 SE2d 292 ) (1990), overruled as to misdemeanor obstruction, Duke v. State, 205 Ga. App. 689, 690 ( 423 SE2d 427 ) (1992).
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Cline v. State (1996)
Duke v. State, 205 Ga. App. 689, 690 ( 423 SE2d 427 ) (1992).
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Norman v. State (1994)
Duke v. State, 205 Ga. App. 689, 690 ( 423 SE2d 427 ) (1992).
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Jackson v. State (1994)
Duke v. State, 205 Ga. App. 689, 690 ( 423 SE2d 427 ) (1992).
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Gregory Bernard Johnson v. State (2014)
See also Duke v. State, 205 Ga. App. 689, 689-690 ( 423 SE2d 427 ) (1992); Arsenault v. State, 257 Ga. App. 456, 457 (1) (a) ( 571 SE2d 456 ) (2002); Wilcox v. State, 300 Ga. App. 35, 37-38 (2) ( 684 SE2d 108 ) (2009). 1 Speech alone can constitute obstruction.
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Johnson v. State (2014)
See also Duke v. State, 205 Ga. App. 689, 689-690 ( 423 SE2d 427 ) (1992); Arsenault v. State, 257 Ga.App. 456, 457 (1) (a) ( 571 SE2d 456 ) (2002); Wilcox v. State, 300 Ga. App. 35, 37-38 (2) ( 684 SE2d 108 ) (2009). 1 Speech alone can constitute obstruction.
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Robinson v. State (2011)
See Pinckney, 236 Ga. App. at 75 (1); see also Hendrix v. State, 202 Ga. App. 54, 56 (4) ( 413 SE2d 232 ) (1991), overruled on other grounds, Duke v. State, 205 Ga. App. 689, 690 ( 423 SE2d 427 ) (1992).
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Wells v. State (2009)
But even without this response, the evidence was sufficient as to each count. 8 OCGA § 40-6-123 (a). 9 OCGA § 40-6-391 (a) (5); see Partridge v. State, 266 Ga. App. 305, 306 ( 596 SE2d 778 ) (2004). 10 OCGA § 40-6-394; see Jones v. State, 195 Ga. App. 569 -570 (1) ( 394 SE2d 387 ) (1990). 11 OCGA § 40-6-391 (a) (1); see Schlanger v. State, 290 Ga. App. 407,415 (7) (c) ( 659 SE2d 823 ) (2008). 12 OCGA § 40-6-394; see Gentry v. State, 236 Ga. App. 820, 822 (1) ( 513 SE2d 528 )…
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Pinckney v. State (1999)
See Hendrix v. State, *75 202 Ga. App. 54, 55 (4) ( 413 SE2d 232 ) (1991), overruled on other grounds, Duke v. State, 205 Ga. App. 689, 690 ( 423 SE2d 427 ) (1992); Neal v. State, 160 Ga. App. 834, 837 (3) ( 288 SE2d 241 ) (1982).
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Walker v. State (1998)
See Patterson v. State, 191 Ga. App. 359 (1) ( 381 SE2d 754 ) (1989), overruled on other grounds, Duke v. State, 205 Ga. App. 689, 690 ( 423 SE2d 427 ) (1992).
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Youhoing v. State (1997)
See Duke v. State, 205 Ga. App. 689 ( 423 SE2d 427 ) (1992).
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O'NEAL v. State (1994)
See generally Cason v. State, 197 Ga. App. 308 ( 398 SE2d 292 ) (1990), overruled on other grounds Duke v. State, 205 Ga. App. 689, 690 ( 423 SE2d 427 ) (1992). 3.
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Daniel v. State (1993)
See Duke v. State, 205 Ga. App. 689 ( 423 SE2d 427 ) (1992).
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Rodriguez v. State (1993)
Compare Duke v. State, 205 Ga. App. 689 ( 423 SE2d 427 ) (1992).
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Animashaun v. State (1993)
Wells v. State, 154 Ga. App. 246 ( 268 SE2d 74 ) (1980); see also Duke v. State, 205 Ga. App. 689 ( 423 SE2d 427 ) (1992).