Case Law Update October 8-12, 2012

State v. Cleveland, A12A1148 (10/5/12): Car stopped for seat belt violation. D seated in back kept acting nervous and moving around. Officer also knew D previously arrested for drugs.  Terry pat down ruled valid but search of shoes exceeded the scope and drugs suppressed. [great analysis of Terry and pat downs]

Henley v. State, A12A1542 (10/3/12): During probation revocation hearing, the only evidence submitted that D committed a new felony offense was hearsay (there was other non-hearsay evidence that D committed misdemeanors).  Appellate court remands trial court’s ruling that revoked D’s probation for 4 years (max having to be 2 years).

Fisher v. State, A12A0976 (10/3/12): Held that trial court’s curative instruction was sufficient.  Nonetheless, watch out for the “golden rule” argument. In closing, prosecutor after discussing what the V must have felt during the crime: “what we can do is make sure that the people, each and every one of them that participated in that, are responsible for what happened because let me tell you[,] that could have been you, that could have been me, and that could have been our children that walked into that store.”