113, 335 S.E.2d 622 (1985). 123, 768 S.E.2d 536 (2015), cert. In the Interest of D.D., 287 Ga. App. After an officer stopped a vehicle on the reasonable suspicion that the vehicle was being driven without a proper tag, and possibly for investigation of drug possession, refusal of defendant to provide identification in such circumstances could be the basis for prosecution under O.C.G.A. - 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. 16-10-24 and16-11-43 after the defendant placed a barricade across a roadway, refused to move the barricade when ordered to do so, and then, after the officer moved the barricade, replaced the barricade after being told by the officer not to do so. You can explore additional available newsletters here. In the Interest of M.M., 287 Ga. App. 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. 668, 538 S.E.2d 759 (2000); Shaw v. State, 247 Ga. App. Berrian v. State, 270 Ga. App. 650, 629 S.E.2d 438 (2006). 298, 645 S.E.2d 705 (2007), overruled on other grounds by McClure v. State, 306 Ga. 856, 834 S.E.2d 96 (2019). 516, 471 S.E.2d 576 (1996); Harris v. State, 222 Ga. App. Green v. State, 240 Ga. App. 326, 672 S.E.2d. - Inmate's obstruction of a correctional officer conviction was upheld on appeal, based on sufficient evidence describing how the officer was attacked and the extent of the officer's injuries suffered at the hand of the inmate, and testimony from one of the officer's responding to the altercation describing the altercation; hence, the evidence sufficiently supported the jury's rejection of the inmate's self-defense claim. 1976); Smith v. State, 144 Ga. App. WebIf you are convicted, you will face one to five years in prison. - Evidence that the defendant and another were carrying stolen items toward a police officer's car and that they dropped the items and ran when they realized it was a police car, despite a uniformed officer shouting at them to stop, was sufficient to convict the defendant of burglary and obstruction of justice in violation of O.C.G.A. - Defendant's act of swinging the defendant's fist at the deputy satisfied the elements of both riot in a penal institution under O.C.G.A. 16-10-24, although there was no evidence that the defendant offered or threatened violence. - 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. Michael Farmer appointed to State Board of Pharmacy. Therefore, the defendant's claim that the defendant was entitled to a directed verdict on charges of misdemeanor obstruction of an officer because the defendant was resisting an unlawful arrest was without merit. 672, 829 S.E.2d 894 (2019). Williams v. State, 260 Ga. App. 778, 673 S.E.2d 286 (2009). 538, 623 S.E.2d 727 (2005). 746, 660 S.E.2d 841 (2008). The defendant also kicked and flailed at the officers, preventing the officers from handcuffing the defendant. Obstruction can be treated as either a felony or a 230, 656 S.E.2d 873 (2008); Sillah v. State, 291 Ga. App. 670, 327 S.E.2d 745 (1985); Sapp v. State, 179 Ga. App. 153, 676 S.E.2d 821 (2009). - Because the defendant was neither indicted nor tried for felony obstruction of justice, the court did not err in refusing to give the requested charge that an accomplice was the one who was present at the commission of a crime, aiding and abetting the perpetrator, or an accessory before the fact; moreover, the court's own charge, which included pattern charges on parties to a crime, knowledge, mere presence at the scene of a crime, and mere association with others committing a crime, substantially covered the same legal principles as the requested charge. 552, 718 S.E.2d 884 (2011). Dixon v. State, 154 Ga. App. 807, 534 S.E.2d 487 (2000); Patterson v. State, 244 Ga. App. 348, 441 S.E.2d 888 (1994). 189, 789 S.E.2d 404 (2016). Isaac Dant, Highway 17 aggravated assault, reckless driving, fleeing or attempting to elude a police officer, no insurance, speeding in excess of maximum limits and registration and license requirements 16-10-24 was justified. 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. Helton v. State, 284 Ga. App. 204, 410 S.E.2d 799 (1991); Hall v. State, 201 Ga. App. N.W., was charged Jan. 5 with theft by receiving stolen property and willful obstruction of law enforcement officers. 412, 577 S.E.2d 85 (2003). 64, 785 S.E.2d 900 (2016). Woodward v. State, 219 Ga. App. 85, 498 S.E.2d 531 (1998). LEXIS 2351 (11th Cir. Defenses for Obstruction of Justice in Atlanta Georgia From Yeargan & Kert, LLC 796, 476 S.E.2d 18 (1996). 482, 669 S.E.2d 477 (2008). - Appeals court rejected the defendant's claim that under the rule of lenity, the defendant's act of violating O.C.G.A. - 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. In re G.M.M., 179 Ga. App. United States v. Dixon, F.3d (11th Cir. 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. 326, 609 S.E.2d 710 (2005). - 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. Cooper v. State, 350 Ga. App. 228, 666 S.E.2d 594 (2008). The evidence was sufficient to convict the defendant of obstruction of a police officer in violation of O.C.G.A. 16-10-24. 35, 684 S.E.2d 108 (2009). 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. Merenda v. Tabor, 506 Fed. 16-1-6 of the charge against defendant of interfering with government property by kicking the sink off the wall and flooding defendant's jail cell under O.C.G.A. 151, 842 S.E.2d 920 (2020). Mai v. State, 259 Ga. App. 11, 2015)(Unpublished). Duncan v. State, 163 Ga. App. 155, 84 S.E. Evidence was sufficient to support the defendant's conviction for felony obstruction of an officer because the record showed that the defendant pushed the officer and that the officer suffered scratches on a hand and knee as a result. With regard to a defendant's convictions for improper lane change, serious injury by vehicle while driving under the influence, and misdemeanor obstruction of an officer, there was sufficient evidence to support the convictions based on the state disproving the defendant's affirmative defense of accident that the bad weather and alleged malfunctioning brakes caused the single-car crash, an officer's testimony that the defendant attempted to leave the scene several times, and the evidence of the defendant's vehicle passenger suffering a severe injury to the left eye after the eye was forced out of the eye socket. Plaintiff's refusal to comply with the deputy's instructions, as well as plaintiff's belligerent and confrontational behavior, provided ample probable cause to arrest plaintiff for violating O.C.G.A. 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). 16-10-24(b) conviction for felony obstruction of a police officer after the officer tried to arrest the defendant on an outstanding warrant and after the officer was identified and ordered defendant to stop, the defendant struck and kicked the police officer as the defendant attempted to flee. Lee v. State, 347 Ga. App. 2013)(Unpublished). Evidence was sufficient to support a defendant's conviction for felony obstruction of a law enforcement officer in violation of O.C.G.A. 50, 606 S.E.2d 80 (2004); Glanton v. State, 283 Ga. App. 381, 593 S.E.2d 919 (2004). - Deputy sheriff was entitled to qualified immunity with respect to plaintiff's federal civil rights claims, which were properly dismissed on summary judgment, because plaintiff did not show that the deputy violated plaintiff's constitutional rights; the deputy had probable cause to stop plaintiff for a tag-light violation under O.C.G.A. 2d (M.D. 139 (1913). 16-11-37(a), a defendant did not have to have the immediate ability to carry out a threat. Evidence was sufficient to support the jury's finding that the defendant was guilty of the charge of misdemeanor obstruction of a law enforcement officer beyond a reasonable doubt because the officer who first encountered the defendant had a reasonable articulable suspicion to detain the defendant based on a9-1-1 call and dispatch, and when the officer requested that the defendant place the defendant's hands on the officer's vehicle in order to allow the officer to conduct a weapons pat-down, the defendant fled. Dispatcher who reported a crime at a specified location gave police an articulable suspicion to investigate and detain individuals at the scene, particularly because police observations on arriving at the scene corroborated the report. - Defendant's sentence for obstruction of a law enforcement officer of 12 months confinement to be served on probation following 60 days of confinement, $1,500 in fines, 100 hours of community service, and a mental health evaluation was within the statutory limits set by O.C.G.A. Williams v. State, 196 Ga. App. Jenkins v. State, 310 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. Given the evidence of the defendant's effort to resist law enforcement officers, which hindered the officers in carrying out the officers' duties, the defendant's misdemeanor obstruction of a law enforcement officer convictions were upheld on appeal as supported by sufficient evidence. 420, 469 S.E.2d 494 (1996). denied, No. 45, 749 S.E.2d 45 (2013). 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. 16-10-24(b), and because the two defined crimes did not address the same criminal conduct, there was no ambiguity created by different punishments being set forth for the same crime and the rule of lenity did not apply. 664, 678 S.E.2d 128 (2009). 16-10-24(a) because an investigator had ample specific and articulable facts to justify stopping the defendant, and the circumstances were sufficient to give rise to a reasonable suspicion of criminal conduct; minutes after having heard a lookout bulletin, the investigator arrived at the scene to discover a person there matching the description provided in the lookout bulletin, including having a red bag in the person's possession, the victim pointed to the person as the perpetrator, and gathered onlookers were shouting as the onlookers pointed the investigator to the defendant. 866, 589 S.E.2d 631 (2003). 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. Chynoweth v. State, 331 Ga. App. 38, 648 S.E.2d 656 (2007). 694, 589 S.E.2d 269 (2003); Bounds v. State, 264 Ga. App. Dulcio v. State, 297 Ga. App. 691, 78 S.E. Recent arrests around the county. Evidence supported defendant's rape, aggravated sodomy, aggravated assault, criminal trespass, misdemeanor obstruction of a law enforcement officer, felony obstruction of a law enforcement officer, and possession of marijuana conviction because: (1) a victim testified that defendant choked her, slammed her around a room, and raped and sodomized her, then drank a beer, took her BC powder packets, and a cell phone, and left; (2) defendant fled from the police, kicked two officers, and had marijuana, BC packets, and a cell phone on his person; (3) defendant's DNA matched the DNA on the beer can; (4) a nurse testified that the victim's bruise was consistent with strangulation; and (5) a doctor testified that the victim's injuries were consistent with rape and sodomy. Tate v. State, 278 Ga. App. Reynolds v. State, 280 Ga. App. When an officer arrested the defendant based on information from another officer that the defendant had been arguing with his ex-girlfriend and broke glass at the ex-girlfriend's house, and the officer observed a fresh, bleeding wound on the defendant's hand, caused by his beating on the ex-girlfriend's door, the officer had probable cause to arrest the defendant for disorderly conduct, following which defendant's attack on the officer allowed a conviction for obstruction of a law enforcement officer. Davis v. State, 308 Ga. App. - Defendant's challenge to the sufficiency of the evidence to support the convictions for making false statements and misdemeanor obstruction of justice failed because there was evidence that the defendant was involved with and assisted the codefendant in the ruse to keep the police from arresting the defendant's son. In the Interest of M.P., 279 Ga. App. 734, 746 S.E.2d 216 (2013). Mayhew v. State, 299 Ga. App. 873, 633 S.E.2d 46 (2006). 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. 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. Since the evidence showed completion of the greater offense of felony obstruction, the trial court did not err in failing to charge on misdemeanor obstruction as a lesser included offense. United States v. Linker, F.3d (11th Cir. 777, 586 S.E.2d 448 (2003); Myers v. State, 268 Ga. App. Moccia v. State, 174 Ga. App. This site is protected by reCAPTCHA and the Google, There is a newer version of the Georgia Code, CHAPTER 10 - OFFENSES AGAINST PUBLIC ADMINISTRATION, ARTICLE 2 - OBSTRUCTION OF PUBLIC ADMINISTRATION AND RELATED OFFENSES. See 1976 Op. Owens v. State, 329 Ga. App. 354, 526 S.E.2d 863 (1999). You're all set! City ordinance regarding resisting arrest is null and void since offense was addressed by former Code 1933, 26-2505 (see now O.C.G.A. 681, 747 S.E.2d 688 (2013); Harper v. State, 337 Ga. App. 64, 785 S.E.2d 900 (2016). Jan. 9, 2012), cert. Wilson v. Attaway, 757 F.2d 1227 (11th Cir. 591, 492 S.E.2d 329 (1997); Larkin v. State, 230 Ga. App. Massey v. State, 267 Ga. App. 517, 284 S.E.2d 33 (1981). For annual survey of criminal law, see 56 Mercer L. Rev. Lord v. State, 276 Ga. App. Schroeder v. State, 261 Ga. App. 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. Obstruction of justice is a crime. 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. Because the defendant acknowledged hunting doves in an open field without a hunting license and "fading" into the woods when the rangers approached, the rangers had a reasonable and articulable suspicion that illegal activity had occurred; consequently, the defendant's Fourth Amendment rights against unreasonable search and seizure were not violated and the trial court properly denied the defendant's motion for a new trial on the charges of illegal hunting and obstruction. Cole v. State, 273 Ga. App. Maintenance of records by Georgia Crime Information Center regarding violations of O.C.G.A. 847, 673 S.E.2d 321 (2009). In the Interest of M.P., 279 Ga. App. 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. On a summary judgment motion, under 42 U.S.C. Att'y Gen. No. Wagner v. State, 206 Ga. App. 576, 583 S.E.2d 243 (2003). Curtis v. State, 285 Ga. App. Webct.2 : willful obstruction of law enforcement officers - misdemeanor ct.3 : driving while license suspended or revoked ct.4 : giving false name, address, or birthdate to law Reed v. State, 205 Ga. App. Gibbs v. State, 255 Ga. App. 4 Contempt is a creature of statute and common law described in, but not limited to, 18 U.S.C. 249, 635 S.E.2d 853 (2006). 16-10-24, for which defendant was acquitted, was a lesser included offense under O.C.G.A. 843.04. 312, 480 S.E.2d 614 (1997); Pearson v. State, 224 Ga. App. 740, 475 S.E.2d 924 (1996); Reddin v. State, 223 Ga. App. Evidence was sufficient to show beyond a reasonable doubt that defendant obstructed an officer in the lawful discharge of the officer's official duties in violation of O.C.G.A. Trial court did not err in refusing to charge the jury that "Something more than mere disagreement or remonstrance must be shown." Defendant's misdemeanor obstruction of an officer conviction under O.C.G.A. 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. Universal Citation: GA Code 16-10-24 (2019) (a) Except as otherwise provided in subsection (b) of this Code section, a Loudly playing a car radio in the early morning hours and quarreling with police officers was sufficient to constitute boisterousness for purposes of O.C.G.A. Evidence was sufficient to convict the defendant of felony obstruction, possession of a knife during the commission of a felony, and disorderly conduct because the defendant slammed the refrigerator door twice, breaking items stored in the door; the victim called9-1-1 seeking assistance for a domestic dispute in progress; when one of the responding officers told the defendant that the defendant would have to leave the house as the victim did not want the defendant living there, the defendant told the officer that the officer could not make the defendant leave; and, when the officer unsnapped a taser from the taser's holster and approached the defendant, the defendant grabbed a knife with an eight-inch blade and threatened the officers with the knife. 619, 604 S.E.2d 520 (2004). Weidmann v. State, 222 Ga. App. - Defendant's conviction for misdemeanor obstruction was supported by the evidence which showed that after learning that the defendant's girlfriend had been detained for shoplifting and being told by the off-duty police officer who had detained the girlfriend that the defendant should not move the girlfriend's car as the officer needed the car for the officer's investigation, the defendant had a whispered conversation with the girlfriend after which the defendant had a friend remove the car from the parking lot, and that it took over an hour for the defendant to have the car returned as directed by the officer; the state was not required to prove forcible resistance or a threat of violence. 178, 369 S.E.2d 798 (1988); Patterson v. State, 191 Ga. App. Something more than mere disagreement or remonstrance must be shown. 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. - As a defendant offered to do violence to police officers when the defendant threatened to kill the officers while being searched, the evidence was sufficient to find the defendant guilty of felony obstruction of an officer. 518, 577 S.E.2d 839 (2003). 545, 492 S.E.2d 300 (1997). Bradley v. State, 298 Ga. App. Hudson v. State, 135 Ga. App. 668, 716 S.E.2d 772 (2011); Foster v. State, 314 Ga. App. - Defendant officer was not entitled to qualified immunity on plaintiff's Fourth Amendment claim because the officer had no arguable probable cause to arrest the plaintiff for misdemeanor obstruction under O.C.G.A. 156, 427 S.E.2d 532 (1993). The evidence required to prove the obstruction of a law enforcement officer was not "used up" in proving the obstruction of a public passage. 903, 411 S.E.2d 274 (1991); Herren v. State, 201 Ga. App. 234, 622 S.E.2d 905 (2005). 12-12562, 2013 U.S. App. 847, 527 S.E.2d 595 (2000); Ballew v. State, 245 Ga. App. 843.18. 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.
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