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Joe Don Entwislev.The State

CourtCourt of Appeals of Georgia
Docket No.A16A1782
DecidedFebruary 1, 2017
JudgesCourt of Appeals of Georgia
Tags
CriminalCriminal ProcedureEvidenceDigital EvidenceSearch WarrantIneffective Assistance of CounselReversal
Case Summary

Joe Don Entwisle was convicted of burglary, theft, computer invasion of privacy, and firearm possession after stolen property and a computer were linked to him. He appealed the denial of his motion for new trial, challenging the search of a house, the admission of prior convictions, the effectiveness of trial counsel, and the sufficiency of the evidence. The Court of Appeals held that Entwisle lacked a legitimate expectation of privacy in the Payne Road house and therefore could not suppress evidence from its search. It also rejected his challenges to the admission of prior convictions and to the evidence supporting his burglary, theft, and firearm convictions. The court nevertheless reversed as to computer invasion of privacy because the State’s proof did not establish every element of that offense as charged. The case was remanded for further proceedings on that count, while the remaining convictions and rulings were affirmed. Two judges concurred.

Opinion

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Joe Don Entwisle V. The State — The Atlanta Gleaner