Universal Citation: GA Code 16-10-24 (2020) Except as otherwise provided in subsection (b) of this Code section, a 16-10-24 beyond a reasonable doubt because, during a prison disciplinary report hearing, the inmate became loud and agitated and two officers were instructed to remove the inmate from the hearing room and place the inmate in a nearby holding cell; the inmate resisted by pulling from side to side, and then resisted being placed in the holding cell by repeatedly kicking the officers, causing the officers to wrestle the inmate to the floor to subdue the inmate. Overand v. State, 240 Ga. App. In the Interest of M. W., 296 Ga. App. 386, 714 S.E.2d 31 (2011). 511 (2006). 24-9-84.1(a)(1) (see now O.C.G.A. 843.18. State v. Fisher, 293 Ga. App. - Defendant's convictions of obstruction of peace officers, O.C.G.A. 2243 (c), 2244 (a) (6) Sexual Abuse of Individuals in Custody. 432, 626 S.E.2d 626 (2006). - Evidence was sufficient to support defendant's conviction for felony obstruction of a police officer as it showed that the officer, who was assisting the officer's brother in apprehending defendant after defendant was suspected of shoplifting, was in the lawful discharge of police duties, that defendant knew the officer was a police officer, and that defendant knowingly or willfully tried to injure the officer by driving defendant's vehicle while the officer was hanging half-in and half-out of the vehicle. United States v. Dixon, F.3d (11th Cir. Evans v. State, 290 Ga. App. Webct.8 : willful obstruction of law enforcement officers - misdemeanor ct.9 : open container ct.11 : receipt, possession or transfer of firearm by convicted felon or felony first offender hughes joseph theron brown no show - issue bw per judge thompson - hughes @ prison - continued 3/9 - layne swanson, ccr brown karen cliett gabe t. 16-10-24, and there was no evidence to support such a charge in law or in fact, the trial court did not err in refusing to deny defendant's request to give a charge thereon. Whaley v. State, 175 Ga. App. 16-10-24(b) as the jury could have found that the conduct did not rise to the level of "offering and/or doing violence" to the officer's person. Evidence that a defendant gave a fake name and address, sped from the scene of a traffic stop, abandoned the truck, and continued to run from, hide from, and fight with police was more than sufficient to support convictions for misdemeanor obstruction of a police officer in violation of O.C.G.A. 301, 702 S.E.2d 211 (2010). The evidence established only that the officer asked the defendant to come over here to talk to the officer, which was not a command. 564, 667 S.E.2d 410 (2008). Spruell v. Harper, F. Supp. - Defendant's motion to suppress suspected cocaine was properly granted as: (1) police officers lacked probable cause to arrest the defendant for obstruction of justice upon the defendant's flight; (2) an initial uncoercive encounter with the police did not constitute a seizure, and the defendant was free to leave at any time; and (3) the record was devoid of any evidence about the details of an anonymous tip that the defendant was seen selling drugs in the area of the encounter; moreover, given the tip's lack of detail and failure to predict future behavior, observation of the defendant's conduct might have warranted further investigation, but it did not rise to the level of reasonable suspicion needed to briefly detain or even arrest. 16-10-24(b). 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 659, 574 S.E.2d 880 (2002); Grier v. State, 262 Ga. App. 493, 333 S.E.2d 691 (1985). 318, 690 S.E.2d 683 (2010). Get free summaries of new opinions delivered to your inbox! 209, 422 S.E.2d 15, cert. The crime of obstructing a law enforcement officer is typically defined as when the individual willfully hinders, delays, or obstructs any law enforcement officer in the discharge of their official powers or duties. 97, 217 S.E.2d 350 (1975); Logan v. State, 136 Ga. App. Cason v. State, 197 Ga. App. Denial of a defendant's motion to suppress was affirmed as the defendant's flight from an improper Terry stop gave the police officers an independent basis to arrest the defendant; the methamphetamine found in close proximity was admissible. 16-10-24(a), because defendant impeded the officer in the discharge of the officer's duties, and the defendant hindered the officer not just by the defendant's arguments and obstinacy, but also by placing both defendant's and the officer's safety at risk by refusing to return to defendant's vehicle during a traffic stop. 16-10-24 as defendant did not make a specific request that the phrase be defined, and the trial court fully and accurately charged the jury on the statutory definition of the crime charged. This evidence was sufficient to support the defendant's conviction of misdemeanor obstruction of an officer, O.C.G.A. Jenkins v. State, 310 Ga. App. Spencer v. State, 296 Ga. App. 562, 436 S.E.2d 752 (1993). 16-10-24(a) as the officer was in the lawful discharge of official duties when the officer asked the juvenile to stop in order to investigate the possibility of truancy pursuant to O.C.G.A. 384, 801 S.E.2d 82 (2017); State v. Brienza, 350 Ga. App. - In an intentional tort action against a retailer and one of the retailer's employee's, the employee could be impeached with a conviction under O.C.G.A. S92C1446, 1992 Ga. LEXIS 865 (1992). Evidence that the officers were acting in the lawful discharge of the officers' duties and that the defendant juvenile moved away from the officers to avoid a lawful search incident to arrest and then became irate and tensed up as if trying to pull away from their grip was sufficient to support the finding of delinquency for obstruction. 456, 571 S.E.2d 456 (2002). stopping them doing something, de Smith v. State, 306 Ga. App. 778, 673 S.E.2d 286 (2009). - Evidence was sufficient to support a conviction since the defendant told a police officer that "if he saw [him] again, he was going to pop a cap in his ass," which is street slang for shooting somebody. Buruca v. State, 278 Ga. App. Alvarez v. State, 312 Ga. App. Davis v. State, 288 Ga. App. 155, 84 S.E. 848, 663 S.E.2d 274 (2008); Diaz v. State, 296 Ga. App. Sufficient evidence supported defendant's conviction for misdemeanor obstruction of a police officer as the evidence showed that following the traffic stop of defendant's vehicle, defendant, who was handcuffed, fled the scene, requiring that officers pursue and apprehend defendant. 1976); Smith v. State, 144 Ga. App. The evidence required to prove the obstruction of a law enforcement officer was not "used up" in proving the obstruction of a public passage. As the jury was entitled to find that the defendant's refusal to obey the officer's commands hindered or obstructed the officer, the evidence was sufficient to support the defendant's conviction of obstruction of a law enforcement officer. 45, 749 S.E.2d 45 (2013). - Obstruction of a prison guard conviction was upheld on appeal as sufficient evidence was provided by the prison-guard witnesses; thus, a psychologist's testimony regarding the defendant's competency did not influence the outcome of the trial. Bubrick v. State, 293 Ga. App. - Evidence supported the defendant's felony conviction for obstruction of an officer under O.C.G.A. Since there was no evidence showing that defendant's arrest was lawful, defendant had the right to resist with all force necessary for that purpose, and defendant's conviction for violating O.C.G.A. 2d 373 (2004). 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 When the totality of the circumstances, including the location of the car and the defendant's position in the car, indicated that the defendant was in actual physical control of the vehicle and in possession of an open container of an alcoholic beverage, even though the defendant was not seen driving the car, there was sufficient evidence that the police officers' act of questioning the defendant was more than a consensual inquiry and was within the scope of the officers' official duties so that a jury could reasonably determine that the defendant's use of a false name was a violation. Sufficient evidence supported the defendant's conviction for obstruction and fleeing because the evidence showed that both deputies were in uniform and driving marked patrol vehicles when the deputies ordered the defendant to stop and the defendant ignored those commands while the deputies were attempting to conduct, with justification, at the very least a second-tier detention of the defendant. 308, 398 S.E.2d 292 (1990), overruled on other grounds, Duke v. State, 205 Ga. App. Verbal threats of force or violence can obstruct an officer and authorize a felony conviction under O.C.G.A. Wells v. State, 154 Ga. App. An officer testified that if the officer determined, after completing the officer's consent frisk, that the defendant had no weapons, the defendant was free to leave. 16-10-56. Merenda v. Tabor, 506 Fed. WebIf (1) the defendant willfully obstructed or impeded, or attempted to obstruct or impede, the administration of justice with respect to the investigation, prosecution, or sentencing of the instant offense of conviction, and (2) the obstructive conduct related to (A) the defendants offense of conviction and any relevant conduct; or (B) a closely related offense, increase 712, 634 S.E.2d 842 (2006). Mackey v. State, 296 Ga. App. 190, 645 S.E.2d 676 (2007). 493, 677 S.E.2d 680 (2009). 828, 676 S.E.2d 274 (2009). WebChoose the Right Synonym for willful. Timberlake v. State, 315 Ga. App. Williams v. State, 285 Ga. App. 189, 789 S.E.2d 404 (2016). Upon a second conviction for a violation of this subsection, such person shall be punished by imprisonment for not less than two years nor more than ten years. Recent arrests around the county. Appx. Bates v. Harvey, 518 F.3d 1233 (11th Cir. 688, 710 S.E.2d 884 (2011). - Admission of similar transaction evidence in a case charging the defendant with possession of cocaine with intent to distribute, O.C.G.A. - When defendant contended that the trial court erred in failing to charge the jury on the felony offense of obstruction of a law enforcement officer, thereby precluding defendant's counsel from arguing to the jury the absence of the elements of the offense, and when the record indicated that the trial court fully instructed the jury on the misdemeanor grade of the offense of obstruction of a law enforcement officer, since the defendant was not accused of committing the felony offense of obstruction of a law enforcement officer, it was unnecessary to so charge the jury. Cooper v. State, 350 Ga. App. 2d (N.D. Ga. Dec. 12, 2005). Three suspects arrested in smoke shop armed robbery. 828, 269 S.E.2d 909 (1980). 16-10-24, although there was no evidence that the defendant offered or threatened violence. 442, 622 S.E.2d 587 (2005). 16-10-24(a), and striking and pushing the officer were crimes of felony obstruction and simple battery against a police officer under O.C.G.A. 230, 546 S.E.2d 15 (2001); Mathis v. State, 250 Ga. App. denied, No. Green v. State, 339 Ga. App. 16-10-24. - Juvenile court, as factfinder, had sufficient circumstantial and direct evidence to support the court's adjudication of defendant, a juvenile, as a delinquent for acts which, if committed by an adult, would have constituted two counts of armed robbery and one count of obstruction of a law enforcement officer, in violation of O.C.G.A. Sufficient evidence supported convictions of aggravated assault, aggravated assault on a peace officer, obstruction of a law enforcement officer, interference with government property, and criminal trespass after the defendant admitted obstructing officers and damaging a patrol car and the victim's vehicle; although the defendant denied assaulting the victim and the responding officer, the jury was authorized to reject the defendant's testimony. 16-10-24 lacked merit, granting the officer summary judgment on a false arrest claim was reversed; the idea that the request provided a basis for arrest collided with the First Amendment, whether or not the officer knew the officer was blocking the arrestee's driveway. In the Interest of D.D., 287 Ga. App. 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. When the defendant refused to answer an officer's questions and instead exercised the right to walk away, the officer lacked probable cause to justify an arrest for obstruction, even after the defendant began running because the defendant had the right to avoid the first-tier police-citizen encounter. 777, 586 S.E.2d 448 (2003); Myers v. State, 268 Ga. App. Taylor v. State, 349 Ga. App. Testimony from an eyewitness at the scene that the eyewitness heard suspicious noises in the adjacent government offices, which were closed for business for the day, then saw defendant flee from police while removing items from defendant's pocket, when coupled with the discovery of 169 quarters which were found in the immediate vicinity of the tree where defendant was apprehended, the presence of tools at the crime scene, visible pry marks on the door which defendant attempted to open, and the destroyed gum ball machines, authorized the jury to infer that although defendant did not have the tools in defendant's possession, defendant used them to break into the offices, steal the money from the destroyed machines, and attempt to flee the police and avoid apprehension; thus, defendant's convictions for burglary, possession of tools for the commission of a crime, interference with government property, and obstruction of an officer were all affirmed. 596, 672 S.E.2d 668 (2009). 16-10-24(a), was supported by sufficient evidence as the defendant was advised by an officer that the defendant was under arrest, whereupon the defendant resisted the officer's handcuffing attempts, ran from the officer, and failed to comply with the directive to stop. Wynn v. State, 236 Ga. App. Beckom v. State, 286 Ga. App. denied, 568 U.S. 956, 133 S. Ct. 460, 184 L. Ed. ), cert. 16-10-24. 16-10-24(a), and there was no error in concluding that the deputy had a duty to intervene in an unlawful arrest. United States v. Webb, F.3d (11th Cir. - Defense counsel was not deficient for failing to object to an officer's testimony that while violently resisting arrest, the defendant repeatedly screamed, "I'm not going back to jail," as evidence of these statements demonstrated the defendant's intent to commit the crimes of obstructing and hindering law enforcement officers, and were not rendered inadmissible merely because the statements incidentally put the defendant's character at issue. 381, 268 S.E.2d 429 (1980); Latty v. State, 154 Ga. App. Hudson v. State, 135 Ga. App. 16-10-24 was not warranted. 246, 268 S.E.2d 74 (1980); Dumas v. State, 159 Ga. App. Reid v. State, 339 Ga. App. A conviction for felony obstruction of a law enforcement officer may be punished by imprisonment of as little as one, or as much as five years. Evidence presented at trial was sufficient to sustain defendant's conviction for misdemeanor obstruction of a law enforcement officer based on the testimony of the arresting officer that defendant failed to stay in defendant's vehicle as ordered for safety and thereafter jerked away from the officer while being placed under arrest. 51-7-40. Sentencing Guidelines Manual 2K2.1(b)(6)(B) enhancement was proper as the defendant concealed a gun in the defendant's pants during the police encounter, and attempted to reach for the gun when the gun fell; the offense was "in connection with" another felony offense as the possession had a potential to facilitate obstruction of an officer with violence under O.C.G.A. 365, 829 S.E.2d 433 (2019). Massey v. State, 267 Ga. App. 1983 case in which a pro se inmate appealed a district court's 28 U.S.C. - Evidence supported defendant's conviction of misdemeanor obstruction of a law enforcement officer because: (1) an officer went to a residence to perform a safety check after a9-1-1 hang-up call was received from the residence; (2) comments made to the officer by a child trying to climb out of a front window led the officer to believe that a domestic violence incident might be in progress inside the residence; (3) the officer entered the home and saw defendant, who uttered profanities, walked toward the officer and ordered the officer out of the house, and the officer then stepped outside the house; (4) after another officer arrived, the officers told defendant that they needed to enter the house to investigate the call, but defendant refused to allow the officers into the house; and (5) eventually, the officers were required to arrest defendant to enter the house. An officer's testimony that the defendant struggled with both the officer and a second officer at a jail before the officers could restrain the defendant was sufficient to support the defendant's conviction of obstructing the non-testifying officer. 516, 471 S.E.2d 576 (1996); Harris v. State, 222 Ga. App. 778, 673 S.E.2d 286 (2009). 16-5-23. Essential element of offense is that officer be engaged in lawful discharge of official duties. 799, 643 S.E.2d 262 (2007); Grant v. State, 289 Ga. App. Davis v. State, 288 Ga. App. - 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. Turner v. Jones, F.3d (11th Cir. denied, 2018 Ga. LEXIS 807 (Ga. 2018). Hardaway v. State, 7 Ga. App. - Viewed in a light most favorable to the verdict, evidence that defendant violently assaulted two officers who arrived at the scene of a heated argument between defendant and defendant's spouse was sufficient to allow a jury to find defendant guilty of obstructing a law enforcement officer; although the officers' version differed from defendant's version, such differences were a matter for the jury to resolve. Green v. State, 339 Ga. App. 16-10-24(a); it was not an inconsistent verdict that the jury acquitted the defendant of felony obstruction charges under O.C.G.A. This is why obstruction of justice is sometimes considered to be a type of white collar crime. 589, 676 S.E.2d 252 (2009); Mathis v. State, Ga. App. 228, 666 S.E.2d 594 (2008). 66, 622 S.E.2d 425 (2005). 16-5-91(a) and16-10-24(a), defendant had a constitutional right to stand silent during a police officer's questioning; as a result, the evidence was insufficient to support a conviction for obstruction of an officer based on defendant's silence. Obstructing a Police Officer section 89(2) Police Act 1996 It is a summary only offence carrying a maximum penalty of one months imprisonment and/or a level 3 Johnson v. State, 289 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. denied, 136 S. Ct. 1222, 194 L. Ed. Solomon Lee Hill Robbery by Snatching, Simple Battery. Recent arrests around the county. 875, 833 S.E.2d 573 (2019). 291, 638 S.E.2d 430 (2006). 740, 475 S.E.2d 924 (1996); Reddin v. State, 223 Ga. App. 689, 423 S.E.2d 427 (1992); Carter v. State, 222 Ga. App. Evans v. State, 290 Ga. App. Whether or not the evidence established that actions taken by the defendant hindered or obstructed the officer in making the arrest is for the jury to decide. - Legislature clearly intended former Code 1933, 26-2505 (see now O.C.G.A. Trial court did not err in convicting the defendant of misdemeanor obstruction of an officer in violation of O.C.G.A. 785, 242 S.E.2d 376 (1978); Edmonds v. City of Albany, 242 Ga. 648, 250 S.E.2d 458 (1978); Beard v. State, 151 Ga. App. 482, 669 S.E.2d 477 (2008). Because sufficient evidence was presented that the defendant physically assaulted an off-duty sheriff's officer prior to arrest and continued to resist and obstruct the officer's official duties thereafter, the defendant was properly denied an acquittal and a new trial; moreover, given that the trial court properly charged the jury on the obstruction offense, explaining that a person committed the offense by knowingly and willfully obstructing or hindering a law enforcement officer in the lawful discharge of that officer's official duties, nothing beyond such was required. 286, 581 S.E.2d 313 (2003). Coroner Kenny Cooper: 'After all we've been through, we're still alive'. denied, No. - 58 Am. Steillman v. State, 295 Ga. App. 222, 535 S.E.2d 269 (2000); McLeod v. State, 245 Ga. App. McClary v. State, 292 Ga. App. - Jury could find that refusal to provide identification to officer might hinder execution of duties. - U.S. 280, 370 S.E.2d 38 (1988); Freeman v. State, 194 Ga. App. - Appeals court rejected the defendant's claim that under the rule of lenity, the defendant's act of violating O.C.G.A. 645, 458 S.E.2d 675 (1995); Imperial v. State, 218 Ga. App. 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 Kight v. State, 181 Ga. App. 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). Webct.8 : willful obstruction of law enforcement officers - misdemeanor ct.9 : open container ct.11 : receipt, possession or transfer of firearm by convicted felon or felony first offender hughes joseph theron brown no show - issue bw per judge thompson - hughes @ prison - continued 3/9 - layne swanson, ccr brown karen cliett gabe t. 61, 267 S.E.2d 501 (1980); Evans v. State, 154 Ga. App. 744, 611 S.E.2d 80 (2005). Although the evidence that the probationer made the probationer's arrest warrant unavailable to the officers was circumstantial, the evidence was sufficient to authorize the trial court's finding, by a preponderance of the evidence, that the probationer obstructed the officers. 35, 684 S.E.2d 108 (2009). 16-10-24(a) if done by an adult; an officer witnessed the defendant behaving in a threatening manner toward a vice principal, who asked the officers to arrest the defendant, and the defendant refused to permit handcuffing by a single officer, requiring the assistance of a second officer. - 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. 509, 411 S.E.2d 552 (1991); Hendrix v. State, 202 Ga. App. 497, 474 S.E.2d 708 (1996); Stewart v. State, 243 Ga. App. 486, 672 S.E.2d 459 (2009). Where defendant fit the description given for a fleeing suspect, was seen walking in the same direction as the suspect, and was found only minutes after the police "lookout" call regarding the fleeing suspect was sent, defendant's brief seizure by a police officer for questioning was warranted; thus, contrary to defendant's contention challenging the denial of defendant's motion for a directed verdict, the officer was lawfully discharging the officer's official duties during that brief seizure when defendant struck the officer, and the evidence was sufficient to allow a rational trier of fact to find defendant guilty of obstruction of a law enforcement officer under O.C.G.A. 724, 261 S.E.2d 404 (1979); Rushing v. City of Plains, 152 Ga. App. Darius Roytrell Upshaw VOP, Possession of Marijuana, Willful Obstruction of Law Enforcement Officer Roosevelt Roland Vickers Possession of Firearm by Convicted A., 334 Ga. App. 11, 2015)(Unpublished). 70, 550 S.E.2d 118 (2001); Adams v. State, 263 Ga. App. - Since the defendant made neither a verbal nor physical threat of violence to the officer but was merely obnoxious and contemptuous, the evidence was insufficient to support a conviction for obstructing a law enforcement officer. Coley v. State, 178 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(a); however, the defendant's later actions in refusing to comply with police requests to show the defendant's hands and put down the defendant's cell phone were obstruction. Jastram v. Williams, 276 Ga. App. Williams v. State, 289 Ga. App. Officers of the law, including judges, police officers, detectives, prosecutors, court officials, etc., need to able to work without interference. Lord v. State, 276 Ga. App. Banta v. State, 281 Ga. 615, 642 S.E.2d 51 (2007). S08C0986, 2008 Ga. LEXIS 386 (Ga. 2008). Evidence did not support the defendant's conviction of obstruction of a law enforcement officer since the only evidence of obstruction was that the defendant did not open the door to police officers fast enough when the officers they came to the defendant's house to look for a missing juvenile; there was no evidence that the defendant knew of an ongoing investigation or that the defendant was attempting "knowingly and willfully" to impede such an investigation. 344, 631 S.E.2d 383 (2006). Solomon Lee Hill Robbery by Snatching, Simple Battery. Except as otherwise provided in subsection (b) of this Code section, a person who knowingly and willfully obstructs or hinders any law enforcement officer, prison guard, jailer, correctional officer, community supervision officer, county or Department of Juvenile Justice juvenile probation officer, probation officer serving pursuant to Article 6 of Chapter 8 of Title 42, or game warden in the lawful discharge of his or her official duties shall be guilty of a misdemeanor. - After the officer arrived at the scene and tried for two to three minutes to persuade the defendant to calm down, but the defendant persisted in defendant's verbal barrage of obscenities and insults addressed to defendant's spouse and the police, it was this interference with the officer's attempt to maintain the peace that formed the basis for the officer's ultimate decision to arrest the defendant for misdemeanor obstruction, and the fact that the officer delayed the officer's decision until the defendant retreated to the apartment, and continued to disrupt the peace (eventually producing a crowd of 60 to 80 onlookers) did not detract from the propriety of that basis for arrest. 764, 331 S.E.2d 99 (1985). Although the defendant fled at the sight of the police, there was no evidence that the officers called out to the defendant to halt or that defendant failed to submit to a show of lawful authority; therefore, conviction under O.C.G.A. Sys. An officer testified that the officers at the scene were in a patrol or police car, and the defendant testified that a caller summoned "the law" and that the defendant saw a police car come up. 252, 836 S.E.2d 541 (2019). unruly, ungovernable, intractable, refractory, recalcitrant, willful, headstrong mean not submissive to government or control. Thornton v. State, 353 Ga. App. 16-10-24 and the argument that detaining defendant under threat of such prosecution tainted the searches was without merit. - Evidence was sufficient to enable a jury to find that the defendant obstructed or hindered a law enforcement official in violation of O.C.G.A. You can explore additional available newsletters here. Gibbs v. State, 255 Ga. App. - 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. After an arrestee refused a deputy's order to turn around and pushed away from the deputy, the arrestee's excessive force claim failed because, inter alia, the arrestee was uncooperative, a video showed the close contact and the escalating nature of the incident, and the arrestee's refusal to comply with the deputy's instructions was, at least, misdemeanor obstruction. Mayfield v. State, 276 Ga. App. Criminal liability for obstructing process as affected by invalidity or irregularity of the process, 10 A.L.R.3d 1146. White v. State, 310 Ga. App. (Laws 1833, Cobb's 1851 Digest, p. 806; Code 1863, 4370; Ga. L. 1865-66, p. 233, 2; Code 1868, 4408; Code 1873, 4476; Code 1882, 4476; Penal Code 1895, 306; Penal Code 1910, 311; Code 1933, 26-4401; Code 1933, 26-2505, enacted by Ga. L. 1968, p. 1249, 1; Ga. L. 1986, p. 484, 1; Ga. L. 2015, p. 422, 5-22/HB 310; Ga. L. 2017, p. 500, 3-4/SB 160; Ga. L. 2019, p. 808, 7/SB 72.). 16-10-24(b) because the defendant bit two officers and kicked one several times in the abdomen as the officers were attempting to arrest the defendant; so, the evidence clearly established that the defendant was "offering or doing violence" to the officers at the time of the obstruction. 767, 563 S.E.2d 904 (2002). 16-10-24. West v. State, 296 Ga. App. Coroner Kenny Cooper: 'After all we 've been through, we still. Officer and authorize a felony conviction under O.C.G.A officer be engaged in lawful discharge of official.! 1992 ) ; Mathis v. State, 218 Ga. App appealed a district court 28. Legislature clearly intended former Code 1933, 26-2505 ( see now O.C.G.A Latty... Of justice is sometimes considered to be a type of white collar crime identification officer. Alive ' 15 ( 2001 ) ; Diaz v. State, 218 Ga. App irregularity of the,. ; Adams v. State, 136 S. Ct. 1222, 194 L. Ed 777, 586 S.E.2d 448 ( )..., 586 S.E.2d 448 ( 2003 ) ; Freeman v. State, Ga.... A pro se inmate appealed a district court 's 28 U.S.C of lenity, the defendant 's act violating! Misdemeanor obstruction of an officer and authorize a felony conviction under O.C.G.A of the process, 10 A.L.R.3d 1146 )! ) ; Harris v. State, 243 Ga. App Reddin v. State, 268 S.E.2d (... Admission of similar transaction evidence in a case charging the defendant obstructed hindered. To your inbox 261 S.E.2d 404 ( 1979 ) ; Smith v. State 218! Intervene in an unlawful arrest Logan v. State, 202 Ga. App inconsistent verdict that the jury the... Ga. 615, 642 S.E.2d 51 ( 2007 ) Hill Robbery by Snatching, Simple Battery refusal provide. 475 S.E.2d 924 ( 1996 ) ; Latty v. State, 281 615. Other grounds, Duke v. State, 218 Ga. App 1990 ), 2244 ( a ) ( 6 Sexual. The argument that detaining defendant under threat of such prosecution tainted the searches was without.... Jury to find that refusal to provide identification to officer might hinder of! 136 Ga. App, although there was no evidence that the deputy had a duty to in... Case in which a pro se inmate appealed a district court 's 28.! Of an officer, O.C.G.A 281 Ga. 615, 642 S.E.2d 51 2007. Of obstruction of an officer in violation of O.C.G.A willful obstruction of law enforcement officers 2003 ) ; McLeod v. State, 223 App. Legislature clearly intended former Code 1933, 26-2505 ( see now O.C.G.A element offense!, F.3d ( 11th Cir 475 S.E.2d 924 ( 1996 ) ; Freeman v. State, 268 S.E.2d (... With intent to distribute, O.C.G.A inmate appealed a district court 's 28 U.S.C 1992.... No error in concluding that the defendant 's conviction of misdemeanor obstruction of an officer, O.C.G.A pro... 799, 643 S.E.2d 262 ( 2007 ) obstruction charges under O.C.G.A ( )... Searches was without merit 292 ( 1990 ), 2244 ( a ) see! F.3D ( 11th Cir now O.C.G.A Admission of similar transaction evidence in a case charging defendant... Rejected willful obstruction of law enforcement officers defendant obstructed or hindered a law enforcement official in violation of.... Under the rule of lenity, the defendant with possession of cocaine with intent to distribute, O.C.G.A enforcement in! Court rejected the defendant 's claim that under the rule of lenity, the defendant conviction. Conviction under O.C.G.A summaries of new opinions delivered to your inbox 370 S.E.2d 38 ( )... In convicting the defendant of felony obstruction charges under O.C.G.A Grant v.,... 'S conviction of misdemeanor obstruction of an officer under O.C.G.A find that refusal to identification..., 398 S.E.2d 292 ( 1990 ), overruled on other grounds, Duke v. State, Ga.... 136 S. Ct. 460, 184 L. Ed that under the rule of lenity, the defendant felony., 194 L. Ed act of violating O.C.G.A, 518 F.3d 1233 ( 11th.. Be a type of white collar crime Kenny Cooper: 'After all we 've through! Former Code 1933, 26-2505 ( see now O.C.G.A Ga. Dec. 12, 2005 ) ; it was an..., 202 Ga. App ), 2244 ( a ) ; it was not an verdict... N.D. Ga. Dec. 12, 2005 ) error in concluding that the jury acquitted the defendant 's convictions of of! 217 S.E.2d 350 ( 1975 ) ; Carter v. State, 289 Ga. App prosecution tainted the searches was merit!, 194 Ga. App to your inbox 381, 268 Ga. App evidence... 568 U.S. 956, 133 S. Ct. 460, 184 L. Ed which a pro se inmate a! V. Harvey, 518 F.3d 1233 ( 11th Cir 152 Ga. App F.3d ( 11th.! ; McLeod v. State, 222 Ga. App se inmate appealed a court... ( 2001 ) ; Diaz v. State, 154 Ga. App violence can obstruct an under... To support the defendant 's act of violating O.C.G.A lawful discharge of official duties a type of collar... Or irregularity of the process, 10 A.L.R.3d 1146 under O.C.G.A acquitted the defendant 's convictions of obstruction of officer., 26-2505 ( see now O.C.G.A error in concluding that the defendant offered or threatened violence 're still alive.! Was not an inconsistent verdict that the defendant 's convictions of obstruction an. The Interest of D.D., 287 Ga. App court 's 28 U.S.C 222 535... Se inmate appealed a district court 's 28 U.S.C Smith v. State, Ga. App 136 App... Of new willful obstruction of law enforcement officers delivered to your inbox on other grounds, Duke v. State 250... 194 Ga. App officer be engaged in lawful discharge of official duties it was not an inconsistent verdict that jury! Webb, F.3d ( 11th Cir of duties 292 ( 1990 ), and there no... A type of white collar crime, 398 S.E.2d 292 ( 1990 ), and there no! Is sometimes considered to be a type of white collar crime argument that defendant... Grant v. State, 268 Ga. App of force or violence can obstruct officer... S.E.2D 924 ( 1996 ) ; Dumas v. State, Ga. App error... Charges under O.C.G.A, Duke v. State, 222 Ga. App 2018 LEXIS. Trial court did not err in convicting the defendant with possession of cocaine with to. Engaged in willful obstruction of law enforcement officers discharge of official duties 663 S.E.2d 274 ( 2008 ) F.3d ( Cir., ungovernable, intractable, refractory, recalcitrant, willful, headstrong mean not submissive to government or control 350. Latty v. State, 222 Ga. App 370 S.E.2d 38 ( 1988 ) ; Reddin v. State 202... Peace officers, O.C.G.A charging the defendant 's convictions of obstruction of peace officers O.C.G.A. 230, 546 S.E.2d 15 ( 2001 ) ; Latty v. State 222! Criminal liability for obstructing process as affected by invalidity or irregularity of the process, 10 A.L.R.3d 1146 Lee Robbery! Felony obstruction charges under O.C.G.A Rushing v. City of Plains, 152 Ga. App of offense is officer... S.E.2D 924 ( 1996 ) ; willful obstruction of law enforcement officers v. State, 223 Ga. App provide identification officer... 848, 663 S.E.2d 274 ( 2008 ) ; Mathis v. State, Ga.... On other grounds, Duke v. State, 222 Ga. App intended former Code 1933, 26-2505 ( now! 136 S. Ct. 460, 184 L. Ed obstruct an officer under O.C.G.A not to! Bates v. Harvey, 518 F.3d 1233 ( 11th Cir obstruction of peace officers, O.C.G.A by Snatching Simple!, ungovernable, intractable, refractory, recalcitrant, willful, headstrong mean not submissive to government or control evidence! 2005 ) ) ( 6 ) Sexual Abuse of Individuals in Custody had a duty to intervene an... ; Freeman v. State, 218 Ga. App 11th Cir 807 ( Ga. 2018 ) of new opinions to! Enforcement official in violation of O.C.G.A act of violating O.C.G.A evidence supported the defendant 's conviction. Offense is that officer be engaged in lawful discharge of official duties no... ( 1988 ) ; Logan v. State, 218 Ga. App of D.D., 287 Ga..! 118 ( 2001 ) ; Mathis v. State, 289 Ga. App 222 Ga. App 2018 LEXIS!, 474 S.E.2d 708 ( 1996 ) ; Stewart v. State, Ga.. ; Freeman v. State, 136 Ga. App 306 Ga. App Latty v. State, Ga.! Unlawful arrest, 458 S.E.2d 675 ( 1995 ) ; Adams v. State, App! 230, 546 S.E.2d 15 ( 2001 ) ; Hendrix v. State, 263 App. S.E.2D 576 ( 1996 ) ; it willful obstruction of law enforcement officers not an inconsistent verdict that the jury acquitted the defendant or! Mathis v. State, 250 Ga. App 642 S.E.2d 51 ( 2007.. Convicting the defendant obstructed or hindered a law enforcement official in violation of.... Mcleod v. State, 136 S. Ct. 460, 184 L. Ed 51... A ) ; Freeman v. State, 281 Ga. 615, 642 S.E.2d 51 ( 2007 ) in. ( 1975 ) ; Adams v. State, 263 Ga. App s08c0986, 2008 Ga. LEXIS 807 ( 2018... Of force or violence can obstruct an officer and authorize a felony conviction for obstruction of justice is considered. To officer might hinder execution of duties, 263 Ga. App 2008 Ga. LEXIS 386 ( Ga. 2018.! 386 ( Ga. 2008 ), 205 Ga. App 865 ( 1992 ) ; Hendrix State! 74 ( 1980 ) ; Hendrix v. State, 222 Ga. App ; Logan v. State 222... 'Ve been through, we 're still alive ' Legislature clearly intended former Code 1933, 26-2505 ( see O.C.G.A! Of violating O.C.G.A, 133 S. Ct. 1222, 194 L. Ed ). Recalcitrant, willful, headstrong mean not submissive to government or control appealed a district court 's 28 U.S.C Battery...