GA engages in de novo review of consent claim when facts aren’t in dispute

Since the facts are undisputed, the court does de novo review and finds that defendant consented to the breath test and reverses. State v. Jacobs, 2017 Ga. App. LEXIS 361 (Aug. 2, 2017).

“Counsel was not ineffective in failing to move to suppress the evidence referenced in Levy’s motion because any suppression motion would have been meritless.” United States v. Levy, 2017 U.S. Dist. LEXIS 118083 (S.D. N.Y. July 25, 2017).*