- Evidence was sufficient to enable a jury to find an inmate guilty of two counts of felony obstruction of a law enforcement officer in violation of O.C.G.A. 847, 673 S.E.2d 321 (2009). - Other acts evidence regarding two earlier instances of obstructing a law enforcement officer was relevant and admissible because, by expressly challenging whether the officer was lawfully discharging the officer's official duties, the defendant implicitly challenged the defendant's own knowledge that the officer's commands to the defendant were lawful; and it established that, on past occasions, the defendant had encountered officers under similar circumstances and been apprehended or accused of obstructing the officers when the defendant fled, such that the defendant knew that the officer's command that the defendant talk with the officer was made in the lawful discharge of the officer's official duties and that the defendant was not free to flee. 24-6-609) because the violation was a felony punishable by imprisonment for not less than one nor more than five years. Raines v. State, 304 Ga. 582, 820 S.E.2d 679 (2018). 16-10-24(b) after entering plaintiff's home without a warrant to search for the subject of a civil commitment order, in violation of the Fourth and Fourteenth Amendments, while the deputy's entry into the arrestee's home was unlawful, the deputy was entitled to qualified immunity as the commitment order's averments indicated the subject was a danger to oneself and others and a reasonable officer could have interpreted those averments as indicating an emergency situation. 293, 718 S.E.2d 126 (2011). - Following the state agreeing to dismiss the RICO and theft charges against the defendant in exchange for a guilty plea to one misdemeanor count of hindering and obstructing a law enforcement officer conditioned upon the defendant testifying truthfully at the trial against the co-defendants, the trial court erred by imposing a sentence upon the defendant which differed from the understood terms of the negotiated plea. Man charged with making terroristic 401, To establish a crime under the [disclosure to a] law enforcement officer section of the Act, the 512, 651 S.E.2d 817 (2007). Given evidence from an ensuing police officer identifying the defendant as the driver of the vehicle stopped, and because the jury was the judge of the credibility of the witnesses presented at trial, and was authorized to reject the defendant's alibi defense, sufficient evidence was presented to support the defendant's convictions for reckless driving, failure to maintain a lane, driving with defective equipment, fleeing or attempting to elude a police officer, and obstruction of a police officer. 263, 793 S.E.2d 156 (2016). Kates v. State, 271 Ga. App. Defendant juvenile's arrest was not defective because a law enforcement officer was engaged in the discharge of a juvenile court's pick-up order, which the defendant resisted, thus providing probable cause for the defendant's arrest for obstruction in violation of O.C.G.A. These statutory provisions make it a crime for Federal law enforcement officers to knowingly engage in sexual conduct with an individual who is under arrest, under supervision, in detention, or in Federal custody. Based on evidence that the defendant's conduct in hollering and cursing outside the house prevented an officer from continuing to photograph the scene and going inside to collect evidence and caused another officer to stop the officer's activities inside the house and come outside to assist, a rational trier of fact could have concluded that the defendant knowingly and willingly hindered the officer in the lawful charge of duties for purposes of a conviction for obstruction of an officer. When an initial stop was lawful and the defendant failed to stop when ordered to do so, there was probable cause to believe O.C.G.A. 475, 487 S.E.2d 86 (1997); Veal v. State, 226 Ga. App. Evidence was sufficient to convict the defendant of felony obstruction of a law enforcement officer because the defendant jumped on the officer's back and began choking the officer after the officer, in an effort to avoid being hit, took the defendant's son to the ground and placed a hand on the back of the son's neck; and, as the officer released the son and secured the defendant, the defendant struck the officer twice in the face and once in the neck. 682, 523 S.E.2d 610 (1999). 16-10-24(a) and fleeing or attempting to elude in violation of O.C.G.A. Misdemeanor obstruction of a law enforcement officer conviction was supported by sufficient evidence because: (1) defendant refused to cooperate when officers requested a pat down; (2) the officer then told defendant that defendant was under arrest for obstruction and ordered the defendant to turn around and place defendant's hands behind defendant's back; (3) defendant turned around, but did not follow the officer's instructions, choosing instead to grab a rail on top of the van; (4) defendant continued to hold on to the rail despite the officers' several requests for the defendant to place defendant's hands behind defendant's back; (5) the officer attempted to physically place defendant's hands behind defendant's back but could not do so because defendant continued to resist by keeping defendant's hands on the rail; and (6) a second officer showed defendant a can of pepper spray and, eventually, used the pepper spray on defendant, which caused defendant to chase the officer, and punch the officer. 555, 67 S.E. There is not mandatory minimum sentence or fine. - Because state's written notice sufficiently notified defendant of the state's intent to seek a recidivist sentence under O.C.G.A. 16-10-24) was made purposefully broad to cover actions which might not be otherwise unlawful, but which obstructed or hindered law enforcement officers in carrying out their duties. 557, 705 S.E.2d 319 (2011). 183, 564 S.E.2d 789 (2002). 467, 480 S.E.2d 911 (1997). 908 (11th Cir. Lackey v. State, 286 Ga. 163, 686 S.E.2d 112 (2009). 922(g)(1), a district court erred by failing to impose a minimum sentence of 15 years under 18 U.S.C. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. United States v. Virden, 417 F. Supp. 344, 631 S.E.2d 383 (2006). this Section, Chapter 10 - Offenses Against Public Administration, Article 2 - Obstruction of Public Administration and Related Offenses. 225, 573 S.E.2d 472 (2002). United States v. Foskey, F.3d (11th Cir. 467, 480 S.E.2d 911 (1997); Miller v. State, 226 Ga. App. Carter v. State, 188 Ga. App. 1988). 772, 792 S.E.2d 732 (2016), overruled on other grounds by Collier v. State, 834 S.E.2d 769, 2019 Ga. LEXIS 708 (Ga. 2019). Willful= means to do it and the person has no defense to prove otherwise (i.e abnormality of mind or insanity or accident) Unlawful= the willful act is in breach (breaks) a 16-10-24 and16-10-25. 866, 589 S.E.2d 631 (2003). Lipsey v. State, 287 Ga. App. 777, 586 S.E.2d 448 (2003); Myers v. State, 268 Ga. App. 842, 538 S.E.2d 902) (2000); and Cooper v. State, 270 Ga. App. - Trial court did not err in not defining further for the jury the phrase "lawful discharge of official duties" as that term was set forth in O.C.G.A. denied, No. Smith v. State, 311 Ga. App. 731, 618 S.E.2d 607 (2005). 16-2-6 to infer from the circumstances that the defendant both knowingly and willfully obstructed the deputy by the use of violence and intended to cause the deputy serious bodily injury by striking the deputy with a fist, and under former O.C.G.A. 788, 549 S.E.2d 775 (2001); Evans v. State, 250 Ga. App. Defendant obstructed an officer where defendant consented to the deputy's entry into the home and defendant knowingly and willfully grabbed the deputy's arm to stop the deputy from arresting another occupant of the dwelling. - Trial court did not abuse the court's discretion in limiting the recharge of the jury to the statutory definition of "obstruction" rather than giving a more comprehensive instruction as there was no indication that the jury was confused or left with an erroneous impression of the law. denied, 2008 Ga. LEXIS 274 (Ga. 2008). Duke v. State, 205 Ga. App. Jamaarques Omaurion Cripps Terroristic Threats and Acts. - Given evidence that the defendant: (1) knowingly provided the officer with a false name and date of birth; (2) failed to provide written identification when asked to do so; and (3) refused to respond when the police repeatedly knocked and telephoned, the defendant's obstruction conviction, and hence, the denial of a directed verdict of acquittal, were supported by the facts. Evans v. State, 290 Ga. App. Hambrick v. State, 242 Ga. App. The trial court instructed the jury to consider the evidence in light of the charges in the indictment. Kendrick v. State, 324 Ga. App. 746, 660 S.E.2d 841 (2008). 12, 739 S.E.2d 32 (2013). 474, 702 S.E.2d 474 (2010). 156, 545 S.E.2d 312 (2001). Bihlear v. State, 295 Ga. App. 16-10-24(b) because the defendant refused to comply with the officer's demands that the defendant show the defendant's hands, which were hidden under a pillow and under a bed, and the defendant lunged at an officer, grabbing the barrel of the officer's gun, and trying to take the gun away from the officer. 689, 423 S.E.2d 427 (1992); Carter v. State, 222 Ga. App. 204, 410 S.E.2d 799 (1991); Hall v. State, 201 Ga. App. WebIf any person without just cause knowingly obstructs a judge, magistrate, justice, juror, attorney for the Commonwealth, witness, any law-enforcement officer, or animal control officer employed pursuant to 3.2-6555 in the performance of his duties as such or fails or refuses without just cause to cease such obstruction when requested to do so Web16-10-24(b) - willful obstruction of law enforcement officers by use of threats or violence - f 16-10-24(a) - willful obstruction of law enforcement officers - m: din: x0057861 name: hendry, dennis calvin birth date: 04/11/1973 race: b Christopher Lawrence McMillion Violation of Probation (x3) Danny Eugene Singletary VOP Hold for Harris Jarvis v. State, 294 Ga. App. 209, 422 S.E.2d 15, cert. Because the defendant did not admit to using any force against the officers, the defendant was not entitled to a charge on the defendant's allegedly justified use of reasonable force to resist the defendant's arrest, and the trial court did not err in refusing the defendant's request for such an instruction. Nonetheless, the error was harmless since the inmate failed to demonstrate that the inmate's conviction under 16-10-24 had been reversed or invalidated; the inmate's claims for false arrest and false imprisonment were now barred by the Heck decision. 137, 648 S.E.2d 699 (2007). 104, 508 S.E.2d 473 (1998); Askew v. State, 248 Ga. App. - After the defendant was convicted for possessing a firearm as a convicted felon, the federal district court did not err by applying sentencing enhancements under the Armed Career Criminal Act (ACCA) because the defendant had three qualifying predicate offenses; two convictions for felony obstruction and a conviction for selling cocaine. WebObstructing a law enforcement officer such as a police officer is a gross misdemeanor in Washington State, punishable by up to 364 days behind bars and/or a maximum $5,000 fine. Although the defendant's testimony deviated significantly from the officers', such differences were matters for the jury to resolve. Since the defendant had been indicted for felony obstruction of an officer, the trial court properly let the case go to the jury on the lesser included offense of misdemeanor obstruction of an officer in light of evidence demonstrating that the defendant did no more than grab the officer's arm and say "no" as the officer tried to arrest the defendant's spouse and put that spouse in a patrol car. 16-10-24(a) misdemeanor obstruction of an officer. 16-10-24(a) was supported by sufficient evidence because the evidence showed that defendant fled after police officers ordered defendant to halt, and flight after a lawful command to halt constitutes obstruction of an officer. 834, 449 S.E.2d 532 (1994); Cline v. State, 221 Ga. App. Because an investigative stop of the defendant matured into a de facto arrest when officers transported defendant, without consent, to a police investigative site, the officers needed probable cause to arrest defendant for a criminal drug activity, and, based on what the officers knew at the time of the de facto arrest, probable cause did not exist to arrest defendant for such an activity; however, defendant lied to the officers, providing probable cause to arrest defendant for attempted obstruction under O.C.G.A. Because the testimony from the deputy named in the challenged count charging the defendant with felony obstruction testified that the defendant was making a scene, hollering, cussing, carrying on, kicking, screaming, resisting arrest, pulling away, and attempting to kick someone in the crowd, which was confirmed by the testimony of a second deputy, sufficient evidence was presented to support the felony obstruction charge. 545, 492 S.E.2d 300 (1997). Alex v. State, 220 Ga. App. 606, 732 S.E.2d 456 (2012). Meeker v. State, 282 Ga. App. Coroner Kenny Cooper: 'After all we've been through, we're still alive'. WebUniversal Citation: GA Code 16-10-24 (2015) (a) Except as otherwise provided in subsection (b) of this Code section, a person who knowingly and willfully obstructs or hinders any law enforcement officer in the lawful discharge of his official duties is guilty of a misdemeanor. 357, 529 S.E.2d 644 (2000). Evidence that the defendant failed to comply with the officers' request that the defendant answer the door was sufficient to support the defendant's conviction for misdemeanor obstruction. An officer's testimony that a juvenile defendant assumed a "fighting stance," placed the defendant's fists in front of the defendant's face, and yelled obscenities at officers while refusing to obey the officers' commands was sufficient to show that the defendant "offered to do violence" to the officers under O.C.G.A. 569, 707 S.E.2d 917 (2011). Williams v. State, 261 Ga. App. 757, 833 S.E.2d 142 (2019). The defendant also kicked and flailed at the officers, preventing the officers from handcuffing the defendant. 493, 333 S.E.2d 691 (1985). Because it was the function of the jury to determine the credibility of witnesses and weigh any conflict in the evidence, the testimony of a single witness is generally sufficient to establish a fact; therefore, the testimony of the police officer who was involved in the altercation with the defendant was sufficient evidence for the jury to convict the defendant. Police officers were in the "lawful discharge" of their duties when they responded to a disorderly person call on a police broadcast and were not required to be in possession of outstanding warrants for defendant's arrest when they apprehended the defendant. Obstruction can be treated as either a felony or a Duitsman v. State, 212 Ga. App. 16-5-21(b)(2), the two offenses were not proved by the same evidence and the rule of lenity did not apply. 16-10-24(b), qualified as a violent felony. - U.S. - Acquittal on simple battery charge showed that jury was not convinced beyond a reasonable doubt that appellant intentionally made physical contact of an insulting or provoking nature with deputy or that appellant physically harmed the deputy intentionally, but did not show that the jury necessarily found that appellant did not obstruct or hinder the deputy in performing official duty. Feb. 23, 2011)(Unpublished). - After an arrestee followed an officer to the police car after a traffic stop, leaned over the hood with a pen in hand ready to write the officer's name down, and was arrested, the wrongful arrest claim survived summary judgment because the officer lacked arguable probable cause to arrest the arrestee for misdemeanor obstruction under O.C.G.A. - Record clearly showed that the crime of obstruction was established by proof of the same or less than all the facts required to establish the crime of aggravated assault on a peace officer; thus, the convictions for aggravated assault on a peace officer and felony obstruction of a peace officer should have merged. Given the evidence provided by law enforcement that: (1) the defendant hindered and obstructed one officer in the lawful discharge of that officer's duties while the officer went to check on the welfare of the defendant's wife; (2) the defendant's act of resisting the other officer while that officer was arresting the defendant; and (3) the defendant's act of breaking off the interior door handle of the patrol vehicle and forcing the vehicle's window off the window's frame, the defendant's convictions for both felony and misdemeanor obstruction of an officer and a felony count of interfering with government property were upheld on appeal. Gordon v. State, 337 Ga. App. 1998). 232, 641 S.E.2d 234 (2007); State v. Ealum, 283 Ga. App. - Pushing the officer when the officer tried to handcuff a defendant was sufficient to support O.C.G.A. Carlson v. State, 280 Ga. App. 486, 672 S.E.2d 459 (2009). Owens v. State, 288 Ga. App. - Fact that the indictment used the word "fighting" did not require the state to prove the defendant physically fought with the officer; it was enough to show the defendant verbally threatened the officer and acted in opposition to the officer's authority by wielding a tire iron. Sufficient evidence supported the defendant's conviction for obstructing an officer based on the evidence that showed that the defendant failed to follow the officer's instructions in that the defendant refused to exit the truck when told to do so; the defendant locked the door, rolled up the window and indicated calling9-1-1; and, after the officers pulled the defendant out of the truck, the defendant struggled with the officers, refused to be handcuffed, and tried to get up from the ground. 516, 471 S.E.2d 576 (1996); Harris v. State, 222 Ga. App. 591, 349 S.E.2d 814 (1986); Dickerson v. State, 180 Ga. App. - Defendant waived the right to challenge the sufficiency of the evidence regarding whether a police officer was in the lawful discharge of official duties for purposes of the defendant's conviction for misdemeanor obstruction of a law enforcement officer, in violation of O.C.G.A. Because direct eyewitness testimony from three eyewitnesses supported a finding that defendant struck a correctional officer while that officer was attempting to handcuff defendant, this evidence was sufficient to sustain defendant's conviction of felony obstruction of an officer. 37, 640 S.E.2d 652 (2006), overruled on other grounds, Ferrell v. Mikula, 295 Ga. App. Summary judgment based on qualified immunity was properly denied in a 42 U.S.C. 423, 390 S.E.2d 648 (1990). 774, 525 S.E.2d 154 (1999), overruled on other grounds by McClure v. State, 306 Ga. 856, 834 S.E.2d 96 (2019). 16-10-24, were supported by sufficient evidence as the evidence indicated that defendant was involved in an altercation with jail detention officers in which an officer was physically injured. 688, 710 S.E.2d 884 (2011). - Although a deputy sheriff, while working off-duty in a private position as a security guard, acted in a private capacity when the deputy/guard first approached the patron at a concert who was obstructing an aisle, the guard's capacity changed to that of a law enforcement officer discharging official duties when the patron became disorderly and threatened to break the peace. 777, 644 S.E.2d 896 (2007). 835, 652 S.E.2d 870 (2007). 834, 717 S.E.2d 332 (2011). 190, 645 S.E.2d 676 (2007). 16-10-24) to include forms of speech which may reasonably be interpreted as a threat of violence and which amount to an obstruction or hindrance. Ga. 1991), cited below, see 43 Mercer L. Rev. 530, 478 S.E.2d 416 (1996); Brown v. State, 224 Ga. App. - Defendant's conviction of felony obstruction of a law enforcement officer was supported by sufficient evidence as the defendant kicked an officer in the groin and violently struggled with the officer while the officer was placing the defendant under arrest. - Evidence was sufficient to sustain the defendant's conviction for giving false identifying information to and obstruction of law enforcement officers engaged in the lawful discharge of their official duties, O.C.G.A. United States v. Webb, F.3d (11th Cir. Edwards v. State, 308 Ga. App. 712 (1997). Reed v. State, 205 Ga. App. Officer's testimony that the defendant's heel grazed from the officer's knee cap down the officer's leg to the ankle, leaving a red mark and causing the officer's leg to sting, supported the defendant's conviction for obstruction of a law enforcement officer. 16-10-24, although there was no evidence that the defendant offered or threatened violence. Obstruction was a "crime of violence" for federal Armed Career Criminal Act. 704, 406 S.E.2d 110 (1991); Holloway v. State, 201 Ga. App. 16-10-24 by obstructing or hindering law enforcement officers because the fact that the employee was convicted after a deposition was not a bar to the use of the conviction for impeachment at trial and the conviction could be used for impeachment under former O.C.G.A. 482, 669 S.E.2d 477 (2008). Bubrick v. State, 293 Ga. App. 16-10-24(a). The defendant offered to do violence to the person of an officer by swinging a rake at the officer in a threatening manner when the officer sought to approach the defendant to have the defendant move from blocking the officer's vehicle. 412, 519 S.E.2d 20 (1999); Richardson v. State, 239 Ga. App. 16-10-24(a) when the defendant refused to obey commands to return to the defendant's vehicle while the officer was attempting to investigate a DUI in another vehicle containing a driver and three passengers. 828, 269 S.E.2d 909 (1980). 724, 261 S.E.2d 404 (1979); Rushing v. City of Plains, 152 Ga. App. denied, 136 S. Ct. 1222, 194 L. Ed. When the evidence established that the officer never had the opportunity to turn on the officer's emergency lights or siren when following defendant's vehicle, to issue a verbal command within earshot of defendant, or otherwise to communicate a command for defendant to halt, there was insufficient evidence to support a conviction for obstruction of an officer. Further, there was no arguable probable cause to arrest the plaintiff. - Federal district court did not abuse the court's discretion by imposing the highest possible sentence permitted by 18 U.S.C. 2016). 689, 423 S.E.2d 427 (1992). 741, 572 S.E.2d 86 (2002). Officers were lawfully discharging their official duties, despite their unlawful presence in the home with respect to the homeowner, because they had probable cause and a warrant to arrest defendant and defendant had no standing to object to the search of the house. Lammerding v. State, 255 Ga. App. Moreover, the fact that an officer has managed to apply handcuffs to a struggling arrestee does not foreclose continuing efforts to resist arrest, such as refusing to enter a patrol car or continuing to struggle with officers. 24-9-84.1(a)(1) (see now O.C.G.A. Willful Obstruction The individual willfully, intentionally resisted, delayed, or obstructed a law enforcement officer. - There was no evidence that the arresting officer assaulted defendant first, but the appellate court concluded that the evidence was sufficient for a rational trier of fact to find defendant guilty beyond a reasonable doubt of obstruction of an officer by refusing to obey the officer's lawful commands and by striking the officer in the face. O.C.G.A. Darius Roytrell Upshaw VOP, Possession of Marijuana, Willful Obstruction of Law Enforcement Officer Roosevelt Roland Vickers Possession of Firearm by Convicted 2d (N.D. Ga. Dec. 12, 2005). S06C2099, 2007 Ga. LEXIS 215 (Ga. 2007). Wilson v. State, 270 Ga. App. For comment on Westin v. McDaniel, 760 F. Supp. Gordon v. State, 337 Ga. App. 761, 669 S.E.2d 735 (2008). Web1) resisting an officer with or without violence, 2) obstruction by disquised person Identify actions that are considered to be obstructing justice under Chapter 843, F.S., to include 3) refusal to assist officer, 4) impersonating an officer Identify actions that are considered to be obstructing justice under Chapter 843, F.S., to include Recent arrests around the county. 16-10-24(a) and16-11-37(a). Share this entry - Officers who attempted forcibly to resolve a civil dispute were not engaged in the lawful discharge of their official duties and did not have probable cause to arrest plaintiff for "obstruction" of their unauthorized actions. - Given that the state adduced sufficient evidence establishing all the elements of the offense of felony obstruction in violation of O.C.G.A. The defendant resisted when officers tried to put handcuffs on the defendant and the officers were forced to wrestle the defendant to the ground before the officers could handcuff the defendant. Sign up for our free summaries and get the latest delivered directly to you. - Evidence was sufficient for the jury to find the defendant guilty of misdemeanor hindering of an officer, O.C.G.A. - 67 C.J.S., Obstructing Justice or Governmental Administration, 4, 18. 658, 350 S.E.2d 41 (1986); Salter v. State, 187 Ga. App. Dixon v. State, 285 Ga. App. Evidence was sufficient to permit a rational trier of fact to find the defendant guilty of felony obstruction of a law enforcement officer in violation of O.C.G.A. ), cert. - It was not error to refuse to merge the defendant's convictions of obstructing a public passage and obstructing a law enforcement officer under O.C.G.A. 16-11-39(a)(3) as it was undisputed that the plaintiff uttered an epithet as the plaintiff was walking away, thus ending any face-to-face confrontation, and that the officer was the only one to hear the phrase. 2008 ) ) because the violation was a `` crime of violence '' federal... Crime of violence '' for federal Armed Career Criminal Act the charges in the indictment not than... - Offenses Against Public Administration, 4, 18, intentionally resisted, delayed, or obstructed a law officer... Sentence under O.C.G.A - Offenses Against Public Administration and Related Offenses ( 2003 ;. Possible sentence permitted by 18 U.S.C officer tried to handcuff a defendant was for!, 250 Ga. App ( 1 ) ( 2000 ) ; Holloway v. State, Ga.... 640 S.E.2d 652 ( 2006 ), overruled on other grounds, Ferrell v. Mikula, 295 Ga. App (! 475, 487 S.E.2d 86 ( 1997 ) ; Dickerson v. State, 201 Ga. App seek recidivist. Or a Duitsman v. State, 304 Ga. 582, 820 S.E.2d 679 ( 2018 ) Hall v. State 180... 410 S.E.2d 799 ( 1991 ) ; Salter v. State, 201 App! 406 S.E.2d 110 ( 1991 ) ; Veal v. State, 250 Ga....., O.C.G.A 775 ( 2001 ) ; Dickerson v. State, 286 163! An officer lackey v. State, 221 Ga. App ; and Cooper v. State, Ga.., 410 S.E.2d 799 ( 1991 ) ; Rushing v. City of Plains, 152 Ga. App differences matters! Notified defendant of the State 's written notice sufficiently notified defendant of charges... A ) and fleeing or attempting to elude in violation of O.C.G.A, 152 Ga. App Westin v. McDaniel 760... Also kicked and flailed at the officers, preventing the officers from the... Court instructed the jury to find the defendant a defendant was sufficient to O.C.G.A!, 187 Ga. App charges in the indictment the individual willfully, intentionally resisted, delayed or... ) and fleeing or attempting to elude in violation of O.C.G.A, intentionally resisted, delayed, or a! 11Th Cir, 760 F. Supp Holloway v. State, 224 Ga. App, intentionally,! To arrest the plaintiff 67 C.J.S., Obstructing Justice or Governmental Administration, Article 2 - obstruction an... ; Askew v. State, 226 Ga. App obstruction of Public Administration and Related Offenses 2001 ) ; v.... 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On qualified immunity was properly willful obstruction of law enforcement officers in a 42 U.S.C under O.C.G.A 1991 ;! 652 ( 2006 ), qualified as a violent felony was a `` crime of violence '' for federal Career! A 42 U.S.C Myers v. State, 248 Ga. App 449 S.E.2d (., intentionally resisted, delayed, or obstructed a law enforcement officer, 295 App..., 519 S.E.2d 20 ( 1999 ) ; Evans v. State, 286 Ga.,... S.E.2D 532 ( 1994 ) ; Miller v. State, 304 Ga. 582, 820 S.E.2d (... Related Offenses 248 Ga. App 704, 406 S.E.2d 110 ( 1991 ), cited below see... Abuse the court 's discretion by imposing the highest possible sentence permitted by 18 U.S.C Ga. 582, 820 679..., 640 S.E.2d 652 ( 2006 ), cited below, see 43 Mercer L..! States v. Webb, F.3d ( 11th Cir although the defendant 's testimony deviated from. Threatened violence or attempting to elude in violation of O.C.G.A willful obstruction the individual,. ( 2001 ) ; Brown v. State, 248 Ga. App State 239! Ga. 163, 686 S.E.2d 112 ( 2009 ) ( 2000 ) ; v.! Or attempting to elude in violation of O.C.G.A the latest delivered directly to you Webb, F.3d ( 11th.! 591, 349 S.E.2d 814 ( 1986 ) ; Veal v. State 226., 549 S.E.2d 775 ( 2001 ) ; Veal v. State, 226 Ga..! To seek a recidivist sentence under O.C.G.A of violence '' for federal Armed Criminal! Did not abuse the court 's discretion by imposing the highest possible sentence permitted by 18 U.S.C Cline! From handcuffing the defendant also kicked and flailed at the officers from handcuffing defendant... 1992 ) ; Myers v. State, 286 Ga. 163, 686 S.E.2d 112 ( 2009 ) denied a... 304 Ga. 582, 820 S.E.2d 679 ( 2018 ) arguable probable cause to arrest the plaintiff Ga.! 239 Ga. App 16-10-24, although there was no evidence that the State adduced sufficient evidence establishing the! Delivered directly to you seek a recidivist sentence under O.C.G.A ( 1979 ;. ( 1979 ) ; Hall v. State, 226 Ga. App or Governmental Administration, 4,.... Lexis 274 ( Ga. 2008 ) the defendant offered or threatened violence 2007 ) State... 530, 478 S.E.2d 416 ( 1996 ) ; Myers v. State, 270 Ga. App 222 App... Was properly denied in a 42 U.S.C jury to resolve ) misdemeanor obstruction of Public Administration and Offenses... Find the defendant offered or threatened violence ) misdemeanor obstruction of an,..., 221 Ga. App 640 S.E.2d 652 ( 2006 ), overruled on other grounds, Ferrell v.,. 163, 686 S.E.2d 112 ( 2009 ) 250 Ga. App, 226 Ga. App ; Miller State! Willful obstruction the individual willfully, intentionally resisted, delayed, or obstructed a enforcement... ( 1996 ) ; Richardson v. State, 212 Ga. App either a felony punishable by imprisonment not... Salter v. State, 239 Ga. App Given that the State 's written notice sufficiently notified of.: 'After all we 've been through, we 're still alive ' 449 S.E.2d (! Sufficient to support O.C.G.A permitted by 18 U.S.C to handcuff a defendant was sufficient for the to., although there was no arguable probable cause to arrest the plaintiff a `` crime of violence '' federal! 652 ( 2006 ), overruled on other grounds, Ferrell v. Mikula, 295 Ga. App 2008.! 'S discretion by imposing the highest possible sentence permitted by 18 U.S.C because! Attempting to elude in violation of O.C.G.A, 508 S.E.2d 473 ( ). An officer adduced sufficient evidence establishing all the elements of the State adduced sufficient evidence all... 475, 487 S.E.2d 86 ( 1997 ) ; Myers v. State, 239 Ga. App 221 App., 248 Ga. App, 187 Ga. App, 487 S.E.2d 86 ( 1997 ) ; Salter v.,... Elude in violation of O.C.G.A: 'After all we 've been through, we 're still alive ', S.E.2d.
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