State v. Stewart

5 Citing cases

  1. Ford v. State

    214 Ga. App. 284 (Ga. Ct. App. 1994)   Cited 17 times
    Affirming denial of motion to suppress when police reasonably believed that defendant's sister had authority to give consent to search apartment bedroom where drugs were found

    Appellant's sister called police after overhearing a telephone conversation by appellant indicating he dealt in drugs, and she gave consent to search the apartment. Ford contends his bedroom was not a common area over which his sister had control or access, that he paid rent for the use of the apartment, and that he had a reasonable expectation of privacy in it and did not assume the risk that his sister would consent to a search of it, under United States v. Matlock, 415 U.S. 164, 171 ( 94 SC 988, 39 L.Ed.2d 242), as quoted and relied on by State v. Stewart, 191 Ga. App. 750 ( 382 S.E.2d 677) and State v. Oliver, 183 Ga. App. 92 ( 357 S.E.2d 889). Appellant also relies on Davis v. State, 262 Ga. 578, 581, fn. 3 ( 422 S.E.2d 546), where in affirming our decision at 202 Ga. App. 629 ( 414 S.E.2d 902) the court nevertheless said: "No expectation of privacy is more reasonable than that which one has in one's bedroom."

  2. State v. Stewart

    203 Ga. App. 829 (Ga. Ct. App. 1992)   Cited 7 times

    Tom and Brenda Stewart were indicted for the arson of their business premises. The trial court granted their motion to suppress evidence seized during a warrantless search of a mini-warehouse, and this court affirmed that decision in State v. Stewart, 191 Ga. App. 750 ( 382 S.E.2d 677) (1989). The United States Supreme Court vacated this court's judgment and remanded the case for further consideration in light of Illinois v. Rodriguez, 497 U.S. 177 (110 SC 2793, 111 L.Ed.2d 148) (1990).

  3. State v. Gallup

    236 Ga. App. 321 (Ga. Ct. App. 1999)   Cited 11 times
    Opening door of refrigerator exceeded scope of officer's investigation of burglary

    Daniel, Ga. Criminal Trial Practice, (1997) ยง 4-2 . Consequently, we disagree with the State's contention that defendant had a diminished expectation of privacy in the closed container (refrigerator) in the once-locked storage unit he rented. See, e.g., State v. Stewart, 191 Ga. App. 750 ( 382 S.E.2d 677), judgment adhered to after remand, 203 Ga. App. 829 ( 418 S.E.2d 110). (c) We agree with the trial court that the marijuana contained in an operating, closed refrigerator was not in the plain view of Investigator Vick. "[It] has long been settled that objects falling in the plain view of an officer who has a right to be in the position to have that view are subject to seizure and may be introduced in evidence.

  4. State v. Stewart

    398 S.E.2d 270 (Ga. Ct. App. 1990)   Cited 1 times

    This court affirmed the grant of defendants' motion to suppress evidence seized in a search. State v. Stewart, 191 Ga. App. 750 ( 382 S.E.2d 677) (1989). Motion for rehearing and certiorari were denied. Our remittitur was sent to the trial court and filed there in October.

  5. State v. Williams

    67 Ohio App. 3d 677 (Ohio Ct. App. 1990)   Cited 11 times
    In State v. Williams (1990), 67 Ohio App.3d 677, 588 N.E.2d 180, the court affirmed the defendant's conviction based upon his participation in an unruly mob that beat a person senseless and then left him lying in the street to be later run over and killed by a passing automobile.

    In the context of involuntary manslaughter, a defendant is liable for the "direct, normal and reasonably inevitable" results of his conduct. State v. Losey (1985), 23 Ohio App.3d 93, 23 OBR 158, 491 N.E.2d 379; State v. Chambers (1977), 53 Ohio App.2d 266, 7 O.O.3d 326, 373 N.E.2d 393; State v. Stewart (May 18, 1989), Cuyahoga App. No. 55398, unreported, 1989 WL 54351. "* * * [W]hen a person, acting individually or in concert with another, sets in motion a sequence of events, the foreseeable consequences of which were known or should have been known to him at the time, he is criminally liable for the direct, proximate and reasonably inevitable consequences of death resulting from his original criminal act."