State v. Pickens

4 Citing cases

  1. Asekere v. State

    No. A24A0773 (Ga. Ct. App. Oct. 25, 2024)

    "On appeal of an order granting or denying a motion for immunity from prosecution, we review the evidence in the light most favorable to the trial court's ruling, and we accept the trial court's findings with regard to questions of fact and credibility if there is any evidence to support them." State v. Pickens, 330 Ga.App. 862, 864 (769 S.E.2d 594) (2015) (citation and punctuation omitted); see also State v. Cohen, 309 Ga.App. 868, 869 (711 S.E.2d 418) (2011)

  2. White v. Stanley

    No. A23A0986 (Ga. Ct. App. Oct. 3, 2023)   1 Legal Analyses

    Zwiren, 276 Ga. at 499 (punctuation omitted) (quoting former OCGA § 24-1-1 (5) (emphasis supplied)); Knight, 316 Ga.App. at 604 (1). See State v. Pickens, 330 Ga.App. 862, 863 (769 S.E.2d 594) (2015) ("The current evidence code, which is applicable to this case, does not define the meaning of 'preponderance of evidence' ...."). See Fair v. State, 284 Ga. 165, 168 (2) (b) (664 S.E.2d 227) (2008) (noting that if the General Assembly wanted to "require knowledge of the victim's status as a peace officer in order for the [statute] to apply, the statutory history shows that it knew how to do so.

  3. Elmore v. Fulton Cnty. Sch. Dist.

    No. 14-14063 (11th Cir. Apr. 8, 2014)

    O.C.G.A. § 20-2-1001(a). Under Georgia law, the defendant bears the burden of proving entitlement to educator immunity under Georgia law by a preponderance of the evidence. State v. Pickens, ___ S.E.2d ___, No. A14A1593, 2015 WL 872224, at *1 (Ga. Ct. App. Mar. 3, 2015); State v. Cohen, 711 S.E.2d 418, 419 (Ga. Ct. App. 2011). In making an assessment of probable cause, officers generally have no duty to resolve legal questions or to investigate possible defenses.

  4. State v. Mercier

    349 Ga. App. 536 (Ga. Ct. App. 2019)   Cited 2 times
    In State v. Mercier, 349 Ga.App. 536, 826 S.E.2d 422 (2019), the trial court granted the defendant's motion for immunity under Georgia's 9-1-1 Medical Amnesty Law.

    (Citation and punctuation omitted.) State v. Pickens , 330 Ga. App. 862, 864, 769 S.E.2d 594 (2015). However, "[t]he trial court’s application of the law is subject to de novo appellate review."