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Davin Thomasv.The State

CourtCourt of Appeals of Georgia
Docket No.A13A0308
DecidedJuly 9, 2013
JudgesCourt of Appeals of Georgia
Tags
CriminalCriminal ProcedureEvidenceFourth AmendmentSearch and SeizureReasonable SuspicionSufficiency of the EvidenceMistrialReversalDissent
Case Summary

Davin Thomas was convicted of robbing a liquor-store owner of $22,000 and of misdemeanor obstruction after fleeing when a uniformed officer told him to “come here” or “come here, sir, let me talk to you.” The Georgia Court of Appeals affirmed the robbery conviction because the victim identified Thomas and that testimony established the offense. The court reversed the obstruction conviction. Georgia’s obstruction statute requires a knowing and willful hindrance of an officer performing lawful duties, and a person may walk away from a consensual, first-tier police encounter. The officer’s words did not clearly communicate that Thomas was required to stop or submit to a detention, so his flight was not criminal obstruction. The court also rejected Thomas’s mistrial claim, holding that a passing reference to the sheriff’s office did not improperly place his character before the jury and was addressed by curative instructions. A partial concurrence and dissent argued that the officer’s command, uniform, badge, patrol car, and knowledge connecting Thomas to the robbery gave the encounter a lawful investigative basis and supported the obstruction conviction. The judgment was affirmed in part and reversed in part.

Opinion

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