directing this Court to transfer “all cases in which either a sentence of death or of life 1 McDaniel also filed an application for discretionary appeal in the Supreme Court, which granted the application on the ground that the denial of his motion for an out-of-time appeal is directly appealable. See McDaniel v. State, No. S18D1312 (June 15, 2018). imprisonment has been imposed upon conviction of murder”
How later courts described this case
- directing this Court to transfer “all cases in which either a sentence of death or of life 1 McDaniel also filed an application for discretionary appeal in the Supreme Court, which granted the application on the ground that the denial of his motion for an out-of-time appeal is directly appealable. See McDaniel v. State, No. S18D1312 (June 15, 2018). imprisonment has been imposed upon conviction of murder”
- taking of a dental impression is simply a form of obtaining real or physical evidence which in no way violates the Fourth or Fifth Amendment
Written by the judges who cited it.
Later courts went against this
Overruled in part, on other grounds by Elliott v. State, 305 Ga. 179 (2019)
253 Ga. 524, 524 (1) ( 322 SE2d 711 ) (1984) (directing this Court to transfer to the Supreme Court “all cases in which either a sentence of death or of life imprisonment has been imposed upon conviction of murder”), overruled in part on other grounds as recognized in Elliott v. State, 305 Ga. 179, 205
Overruled on other grounds by Neal v. State, 290 Ga. 563 (2012)
253 Ga. 524 , overruled on other grounds by Neal v. State, 290 Ga. 563
Overruled in part, on other grounds by Thompson v. State, 305 Ga. 1 (2019)
253 Ga. 524, 524 (1) ( 322 SE2d 711 ) (1984) (directing this Court to transfer to the Supreme Court “all cases in which either a sentence of death or of life imprisonment has been imposed upon conviction of murder”), overruled in part on other grounds as recognized in Elliott v. State, 305 Ga. 1
The opinion
*526 Hill, Chief Justice,
concurring specially.
While I join the Court’s opinion in this instance, I do not approve the police tactics utilized here.
The defendant was indicted for murder and freed on bond. He was taken into custody at his Cobb County home and transported to the dentist’s office in Fulton County on the basis of search warrants issued in each county.
During the motion to suppress hearing, the trial court expressed the view that the procedure utilized should not be condoned, and that the officers should have applied to the trial court for authority to obtain the dental impressions. I agree. Upon motion and after hearing, the trial court could have rendered an appropriate order, which would have avoided the unusual use of a search warrant, issued ex parte, to enter the defendant’s mouth and take dental impressions.
In the future, this writer will not approve the use of a search warrant to enter the body of the defendant other than to draw blood, except upon order or search warrant issued by a superior court, the procedure used in Creamer v. State, 229 Ga. 511, 512-514 ( 192 SE2d 350 ) (1972).