Duke v. State, 423 S.E.2d 427 (Ga. Ct. App. 1992). · Go Syfert
Duke v. State, 423 S.E.2d 427 (Ga. Ct. App. 1992). Cases Citing This Book View Copy Cite
“ying with the intent of misdirecting 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).”
107 citation events (55 in the last 25 years) across 3 distinct courts.
Strongest positive: JENKINS v. LEE (gamd, 2021-06-10)
Treatment trajectory · 1992 → 2026 · click a year to view as-of
1992 2009 2026
Top citers, strongest first. 30 distinct citers.
discussed Cited as authority (verbatim quote) JENKINS v. LEE
M.D. Ga. · 2021 · quote attribution · 1 verbatim quote · confidence high
ying with the intent of misdirecting 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).
discussed Cited as authority (quoted) Williams v. State (2×) also: Cited as authority (rule)
Ga. Ct. App. · 2008 · quote attribution · 1 verbatim quote · confidence low
lying with the intent of misdirecting him as to the performance of his official duties can certainly constitute a hindrance and authorize a misdemeanor conviction
discussed Cited as authority (rule) Herbert W. Perkins v. Michael C. Thrasher
11th Cir. · 2017 · confidence medium
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).
discussed Cited as authority (rule) The State v. Allen
Ga. Ct. App. · 2015 · signal: cf. · confidence medium
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” (punctuation omitted)). 12 Thomas v. State, 301 Ga. App. 198, 201 (1) ( 687 SE2d 203 ) (2009) (punctuation omitted); acc…
discussed Cited as authority (rule) Harris v. State
Ga. Ct. App. · 2012 · confidence medium
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.).
discussed Cited as authority (rule) Turner v. Jones
11th Cir. · 2011 · confidence medium
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 officer to avoid being handcuffed); Walker v. State, 228 Ga.App. 509 , 493 S.E.2d 193, 196 (1997) (flight from arrest…
discussed Cited as authority (rule) Wilcox v. State (2×)
Ga. Ct. App. · 2009 · confidence medium
See Stryker v. State; 14 Duke, supra, 205 Ga. App. at 689-690.
discussed Cited as authority (rule) United States v. Virden
M.D. Ga. · 2006 · confidence medium
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).
discussed Cited as authority (rule) Wilson v. State
Ga. Ct. App. · 2003 · confidence medium
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).
discussed Cited as authority (rule) Arnold v. State
Ga. Ct. App. · 2001 · confidence medium
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 Ga. App. 689, 690 ( 423 SE2d 427 ) (1992); Sapp v. State, 179 Ga. App. 614, 615 (1) ( 347 SE2d 354 ) (1986). 10 See Anim…
cited Cited as authority (rule) Leckie v. State
Ga. Ct. App. · 1998 · confidence medium
Duke v. State, 205 Ga. App. 689, 690 ( 423 SE2d 427 ) (1992).
cited Cited as authority (rule) Basu v. State
Ga. Ct. App. · 1997 · confidence medium
Duke v. State, 205 Ga. App. 689, 690 ( 423 SE2d 427 ) (1992).
cited Cited as authority (rule) Stepherson v. State
Ga. Ct. App. · 1997 · confidence medium
Duke v. State, 205 Ga. App. 689, 690 ( 423 SE2d 427 ) (1992).
cited Cited as authority (rule) Pearson v. State
Ga. Ct. App. · 1997 · confidence medium
“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).
cited Cited as authority (rule) Sapp v. State
Ga. Ct. App. · 1996 · confidence medium
Duke v. State, 205 Ga. App. 689, 690 ( 423 SE2d 427 ).
discussed Cited as authority (rule) Strickland v. State
Ga. Ct. App. · 1996 · confidence medium
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).
cited Cited as authority (rule) Cline v. State
Ga. Ct. App. · 1996 · confidence medium
Duke v. State, 205 Ga. App. 689, 690 ( 423 SE2d 427 ) (1992).
cited Cited as authority (rule) Norman v. State
Ga. Ct. App. · 1994 · confidence medium
Duke v. State, 205 Ga. App. 689, 690 ( 423 SE2d 427 ) (1992).
cited Cited as authority (rule) Jackson v. State
Ga. Ct. App. · 1994 · confidence medium
Duke v. State, 205 Ga. App. 689, 690 ( 423 SE2d 427 ) (1992).
discussed Cited "see" Wells v. State (2×)
Ga. Ct. App. · 2009 · signal: see · confidence high
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 ) (1999). 13 OCGA § 16-10-24 (a); see Duke v. State, 205 Ga. App. 689, 690 ( 423 SE2d 427 ) (1992). 14 “To warrant…
discussed Cited "see" Pinckney v. State (2×)
Ga. Ct. App. · 1999 · signal: see · confidence high
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).
discussed Cited "see" Walker v. State (2×)
Ga. Ct. App. · 1998 · signal: see · confidence high
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).
discussed Cited "see" Youhoing v. State (2×)
Ga. Ct. App. · 1997 · signal: see · confidence high
See Duke v. State, 205 Ga. App. 689 ( 423 SE2d 427 ) (1992).
discussed Cited "see" O'NEAL v. State (2×)
Ga. Ct. App. · 1994 · signal: see · confidence high
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.
discussed Cited "see" Daniel v. State (2×)
Ga. Ct. App. · 1993 · signal: see · confidence high
See Duke v. State, 205 Ga. App. 689 ( 423 SE2d 427 ) (1992).
discussed Cited "see, e.g." Gregory Bernard Johnson v. State (2×)
Ga. Ct. App. · 2014 · signal: see also · confidence medium
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.
discussed Cited "see, e.g." Johnson v. State (2×)
Ga. Ct. App. · 2014 · signal: see also · confidence medium
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.
discussed Cited "see, e.g." Robinson v. State (2×)
Ga. Ct. App. · 2011 · signal: see also · confidence medium
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).
discussed Cited "see, e.g." Rodriguez v. State (2×)
Ga. Ct. App. · 1993 · signal: compare · confidence low
Compare Duke v. State, 205 Ga. App. 689 ( 423 SE2d 427 ) (1992).
discussed Cited "see, e.g." Animashaun v. State (2×)
Ga. Ct. App. · 1993 · signal: see also · confidence low
Wells v. State, 154 Ga. App. 246 ( 268 SE2d 74 ) (1980); see also Duke v. State, 205 Ga. App. 689 ( 423 SE2d 427 ) (1992).
Duke
v.
the State
A92A1418.
Court of Appeals of Georgia.
Oct 2, 1992.
423 S.E.2d 427
Garland B. Cook, Jr., for appellant., Stephen F. Lanier, District Attorney, Tambra P. Colston, Assistant District Attorney, for appellee.
Carley, Sognier, McMurray, Birdsong, Pope, Cooper, Andrews, Johnson, Beasley.
Cited by 47 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 86%
Citer courts: Court of Appeals of Georgia (1)

Lead Opinion

Carley, Presiding Judge.

After a bench trial, appellant was found guilty of misdemeanor obstruction of an officer in violation of OCGA § 16-10-24 (a). She appeals from the judgment of conviction and sentence entered by the trial court on its finding of her guilt, and enumerates only the general grounds.

The evidence in the instant case, when construed most favorably for the State, would authorize a finding that, when officers went to appellant’s home with a warrant for the arrest of another individual, she knowingly lied and informed them that the arrestee was not there. Citing Samples v. State, 151 Ga. App. 179 (259 SE2d 178) (1979), appellant urges that this evidence is not sufficient to authorize her conviction, because she merely lied to the officers and did not employ words which could be construed as “forcible resistance or opposition to the officers] in the performance of [their] duties.” (Emphasis supplied.)

Samples was decided under former OCGA § 16-10-24. In 1986, however, former OCGA § 16-10-24 was stricken and replaced by existing OCGA § 16-10-24. Ga. L. 1986, p. 484. Existing OCGA § 16-10-24 (b) now provides that the act of “offering or doing violence to the person” of an officer who is in the performance of his official duties is guilty of a felony. There is certainly no evidence that appellant offered to do any violence to the officers by threatening them with physical force. However, appellant was not convicted of felony obstruction in violation of existing OCGA § 16-10-24 (b). She was convicted of misdemeanor obstruction in violation of existing OCGA § 16-10-24 (a). That statute provides that a “person who knowingly and wilfully obstructs or hinders any law enforcement officer in the lawful discharge of his official duties [other than by offering or doing violence to his person] is guilty of a misdemeanor.” Accordingly, Samples is inapplicable because “the offense of misdemeanor obstruction [under existing OCGA § 16-10-24 (a) no longer] contain[s] the element of ‘violence’ (as does the offense of felony obstruction [under existing OCGA § 16-10-24 (b)]). . . .” Williams v. State, 196 Ga. App. 154, 156 (1) (395 SE2d 399) (1990).

Despite the fact that former OCGA § 16-10-24 was replaced in 1986 and it is now necessary to show that violence was offered or done only in the case of felony obstruction, Samples has continued to be cited as authority for the proposition that a conviction for misde[*690] meanor obstruction under existing OCGA § 16-10-24 (a) requires evidence of forcible resistance or opposition. See Hendrix v. State, 202 Ga. App. 54 (1) (413 SE2d 232) 1991); Cason v. State, 197 Ga. App. 308 (398 SE2d 292) (1990); Patterson v State, 191 Ga. App. 359 (1) (381 SE2d 754) (1989). To the extent that these or any other cases stand for the proposition that a conviction for misdemeanor obstruction under existing OCGA § 16-10-24 (a) requires evidence that violence was offered or done, they are erroneous and hereby overruled. A conviction for felony obstruction under existing OCGA § 16-10-24 (b) requires proof that the accused offered or did violence to the person of an officer, but a conviction for misdemeanor obstruction under existing OCGA § 16-10-24 (a) does not. Williams v. State, supra at 156 (1).

In Hudson v. State, 135 Ga. App. 739, 743 (3) (218 SE2d 905) (1975), it was held that the act of wilfully lying to an officer, who is attempting to execute an arrest warrant, as to the present location of the arrestee “could hinder an officer while he was attempting to carry out his duties of serving a warrant.” Hudson was decided under former OCGA § 16-10-24 and appellant urges that its holding is erroneous because it ignores the element of force which was required to secure a conviction under that former statute. However, even assuming that Hudson was erroneously decided under former OCGA § 16-10-24, it is nevertheless clear that force or violence is not an element of misdemeanor obstruction under existing OCGA § 16-10-24 (a) and that verbal exchanges without threats of force and violence can authorize a conviction under that statute. See Herren v. State, 201 Ga. App. 509, 510 (1) (411 SE2d 552) (1991); Bailey v. State, 190 Ga. App. 683 (379 SE2d 816) (1989). Wilfully lying to an officer, who is attempting to execute an arrest warrant, as to the present location of the arrestee does not constitute a mere verbal exchange. As verbal threats of force and violence can hinder an officer and authorize a felony conviction under existing OCGA § 16-10-24 (b), lying with the intent of misdirecting him as to the performance of his official duties can certainly constitute a hinderance and authorize a misdemeanor conviction under existing OCGA § 16-10-24 (a).

Whether or not appellant’s lie had the effect of hindering or obstructing the officers in making the arrest was for the trior of fact to decide. Sapp v. State, 179 Ga. App. 614, 615 (1) (347 SE2d 354) (1986). “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] [o]fficer[s] ... in [their efforts to make the arrest]. Therefore, applying the standard of Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979), we find the evidence sufficient to authorize a rational trier of fact to find appellant guilty beyond a reasonable doubt of the offense of obstruction of an officer.”[*691] Bailey v. State, supra at 684.

Decided October 2, 1992. Garland B. Cook, Jr., for appellant. Stephen F. Lanier, District Attorney, Tambra P. Colston, Assistant District Attorney, for appellee.

Judgment affirmed.

Sognier, C. J., McMurray, P. J., Birdsong, P. J., Pope, Cooper, Andrews and Johnson, JJ., concur. Beasley, J., concurs specially.

Concurrence

Beasley, Judge,

concurring specially.

I agree with the majority’s analysis except with respect to Cason v. State, 197 Ga. App. 308 (398 SE2d 292) (1990). Samples was not cited for the proposition that there had to be violence to the officer or the threat of violence to the officer, but rather “forcible resistance or opposition” such as the flight from the officer after being ordered to halt. The last paragraph of Cason confirms this. As said earlier in that opinion, “[s]uch actions [of forcible resistance or opposition] may take the form of . . . flight from the officer after being ordered to halt.”

It should not be considered overruled because it did not require evidence that violence was offered or done. It affirmed the conviction upon finding sufficient the “[e]vidence that [Cason] fled from the officer after being ordered to remove his hand from his pocket and step forward. . . .” (Emphasis supplied.)