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State v. Gary

Court of Appeals of Georgia
Apr 14, 1993
432 S.E.2d 123 (Ga. Ct. App. 1993)

Opinion

A91A0735.

DECIDED APRIL 14, 1993.

Motion to suppress. Jackson Superior Court. Before Judge Brooks.

Timothy G. Madison, District Attorney, Jeffery G. Morrow, Assistant District Attorney, for appellant.

Jack S. Davidson, H. Bradford Morris, Jr., for appellees.


In State v. Gary, 201 Ga. App. 556 ( 411 S.E.2d 536) (1991), this court reversed the trial court's grant of the appellees' motion to suppress evidence seized during a search of their home pursuant to a search warrant. However, in Gary v. State, 262 Ga. 573 ( 422 S.E.2d 426) (1992), the Supreme Court reversed, holding that the good-faith exception to the exclusionary rule enunciated in United States v. Leon, 468 U.S. 897 (104 SC 3405, 82 L.Ed.2d 677) (1984), is not applicable in Georgia in light of the statutory exclusionary rule provided in OCGA § 17-5-30. Accordingly, this court's original judgment is vacated, and the judgment of the Supreme Court is hereby made the judgment of this court. The judgment of the trial court is, therefore, affirmed.

Judgment affirmed. McMurray, P. J., and Andrews, J., concur.

DECIDED APRIL 14, 1993.


Summaries of

State v. Gary

Court of Appeals of Georgia
Apr 14, 1993
432 S.E.2d 123 (Ga. Ct. App. 1993)
Case details for

State v. Gary

Case Details

Full title:THE STATE v. GARY et al

Court:Court of Appeals of Georgia

Date published: Apr 14, 1993

Citations

432 S.E.2d 123 (Ga. Ct. App. 1993)
208 Ga. App. 480