UNTIL I am endowed with advanced blogging powers, you will have to SCAN DOWN this page looking for the name of the blog-post that brought you here to see the relevant material necessitating a link here.
There should be a link on that blog-post title that will send you back to the post you were reading.
BUT I DON'T WANNA GO TO COURT TODAY!
§ 9-10-167. Counter-showing and discretion of court
(a) All applications for continuances are addressed to the sound legal discretion of the court and, if not expressly provided for, shall be granted or refused as the ends of justice may require.
(b) In all cases the presiding judge may, in his discretion, admit a countershowing to a motion for a continuance and, after a hearing, may decide whether the motion shall prevail.
IF SHE AIN'T 16 SHE CAN'T CONSENT EVEN IF SHE DOES LIVE IN YOUR STORAGE UNITThere should be a link on that blog-post title that will send you back to the post you were reading.
BUT I DON'T WANNA GO TO COURT TODAY!
§ 9-10-167. Counter-showing and discretion of court
(a) All applications for continuances are addressed to the sound legal discretion of the court and, if not expressly provided for, shall be granted or refused as the ends of justice may require.
(b) In all cases the presiding judge may, in his discretion, admit a countershowing to a motion for a continuance and, after a hearing, may decide whether the motion shall prevail.
§ 16-6-3. Statutory rape
(a) A person commits the offense of statutory rape when he or she engages in sexual intercourse with any person under the age of 16 years and not his or her spouse, provided that no conviction shall be had for this offense on the unsupported testimony of the victim.
(b) Except as provided in subsection (c) of this Code section, a person convicted of the offense of statutory rape shall be punished by imprisonment for not less than one nor more than 20 years; provided, however, that if the person so convicted is 21 years of age or older, such person shall be punished by imprisonment for not less than ten nor more than 20 years. Any person convicted under this subsection of the offense of statutory rape shall, in addition, be subject to the sentencing and punishment provisions of Code Section 17-10-6.2.
(c) If the victim is at least 14 but less than 16 years of age and the person convicted of statutory rape is 18 years of age or younger and is no more than four years older than the victim, such person shall be guilty of a misdemeanor.
§ 16-6-22.2. Aggravated sexual battery
(a) For the purposes of this Code section, the term “foreign object” means any article or instrument other than the sexual organ of a person.
(b) A person commits the offense of aggravated sexual battery when he or she intentionally penetrates with a foreign object the sexual organ or anus of another person without the consent of that person.
(c) A person convicted of the offense of aggravated sexual battery shall be punished by imprisonment for life or by a split sentence that is a term of imprisonment for not less than 25 years and not exceeding life imprisonment, followed by probation for life, and shall be subject to the sentencing and punishment provisions of Code Sections 17-10-6.1 and 17-10-7.
Duran v. State, 274 Ga. App. 876,877 (2005)
A person commits aggravated sexual battery when he “intentionally penetrates with a foreign object the sexual organ or anus of another person without the consent of that person.” OCGA § 16-6-22.2(b). “Foreign object” means any article or instrument other than the sexual organ of a person, including a finger. OCGA § 16-6-22.2(a); Hardeman v. State, 247 Ga.App. 503, 504(2), 544 S.E.2d 481 (2001). For either offense, the *878 necessary penetration need be only slight and may be proved by either indirect or circumstantial evidence. Lay v. State, 264 Ga.App. 483, 484(1), 591 S.E.2d 427 (2003); Hendrix v. State, 230 Ga.App. 604, 607 (4), 497 S.E.2d 236 (1998).
REASONABLE ARTICULABLE SUSPICION
Allen v. State, 254 Ga. 433 (1985)
A non-functioning taillight is sufficient grounds to make a legal stop.
State v. Holcomb, 219 Ga. App. 231 (1995)
Changing lanes without using a turn signal is sufficent grounds to make a legal stop.
AM I DRUNK DRIVING YET?
Patterson v. State, 302 Ga. App. 27 (2010).
Police respond to report of a one car accident, and find a driver passed out and drooling on himself behind the wheel of a car that was blocking the entrance to an apartment complex. Keys also in the ignition.
Tipton v. State, 213 Ga. App. 764 (1994).
Defendant found at a highway rest stop sitting in the driver's seat of a parked car thats hood was warm to the touch, then admits to drinking with his girlfriend after just having a fight with his wife that day. Also consents to field sobriety tests and breath test. Keys also in the ignition.
