View Summary
Issues:
Drug testing, marijuana, corrections, policy and procedure, evidence, attorney practices.
Case Summary:
An inmate with the Georgia Department of Corrections appeals a lower court's ruling revoking his probation status. State officials moved to revoke the inmate's probation after he tested positive for drugs in two separate drug screenings. His probation agreement provided for probation revocation for a positive test result. Defendant filed a motion for continuance on the day of his court appearance.
Decision of lower jurisdiction:
The trial court rejected defendant's handwritten motion for continuance and ordered revocation of his probation. The inmate now appeals.
Outcome:
The inmate loses. The Georgia Court of Appeals affirmed the ruling of the lower jurisdiction. The appeals court ruled that the lower court properly rejected defendant's motion for continuance because it was filed the day of his court appearance.