Hourin v. GeorgiaAnnotate this Case
Thomas Hourin appealed a trial court’s denial of his pre-trial motions. Hourin, the non-physician owner of a medical clinic, was charged with one count of conspiracy to commit the offense of unauthorized distribution and dispensation of controlled substances. The Georgia Supreme Court granted Hourin’s application for interlocutory appeal and directed the parties to address whether the Georgia Supreme Court had jurisdiction over an application for interlocutory appeal when the certificate of immediate review was signed by a judge different than the judge who signed the order to be appealed. The Court answered that question in the affirmative but rejected Hourin’s arguments that the statutes under which he was charged were unconstitutional. The Court also determined the trial court erred in concluding that officers announcing their presence while simultaneously entering a building was sufficient to satisfy Georgia’s knock-and-announce statute. Because that error was the trial court’s basis for denying Hourin’s motion to suppress, the Supreme Court vacated that order and remanded for consideration of additional issues not decided by the trial court.