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9 Georgia opinions name it 2 courts 1981–2018 0 in the last five years
The cases below were cited by Georgia courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Long v. Stategreen2 sentences2017The State, on the other hand, argues that the Court of Appeals more directly considered the issue in Long v. State, 271 Ga. App. 565, 568-569 (2) ( 610 SE2d 74 ) (2004). 2017The State, on the other hand, argues that the Court of Appeals more directly considered the issue in Long v. State, 271 Ga. App. 565, 568-569 (2) ( 610 SE2d 74 ) (2004). | 2 | 2 |
Brooks v. Stategreen2 sentences2009It is not clear from the record the point at which Mathis interrupted the reading of the notice to ask about a blood test. 6 State v. Gillaspy, 270 Ga. App. Ill, 112 ( 605 SE2d 835 ) (2004). 7 See Collins v. State, 290 Ga. App. 418, 420-421 (2) ( 659 SE2d 818 ) (2008); Brooks v. State, 285 Ga. App. 624, 627-628 ( 647 SE2d 328 ) (2007) (defendant was not requesting an independent blood test but was asking the officer to give him a blood or urine test in place of the breath test); Anderton v. State, 283 Ga. App. 493, 494-495 (1) ( 642 SE2d 137 ) (2007). 8 See Brooks, supra at 627 . 9 See Anderto 2009It is not clear from the record the point at which Mathis interrupted the reading of the notice to ask about a blood test. 6 State v. Gillaspy, 270 Ga. App. Ill, 112 ( 605 SE2d 835 ) (2004). 7 See Collins v. State, 290 Ga. App. 418, 420-421 (2) ( 659 SE2d 818 ) (2008); Brooks v. State, 285 Ga. App. 624, 627-628 ( 647 SE2d 328 ) (2007) (defendant was not requesting an independent blood test but was asking the officer to give him a blood or urine test in place of the breath test); Anderton v. State, 283 Ga. App. 493, 494-495 (1) ( 642 SE2d 137 ) (2007). 8 See Brooks, supra at 627 . 9 See Anderto | 2 | 2 |
Anderton v. Stategreen2 sentences2009It is not clear from the record the point at which Mathis interrupted the reading of the notice to ask about a blood test. 6 State v. Gillaspy, 270 Ga. App. Ill, 112 ( 605 SE2d 835 ) (2004). 7 See Collins v. State, 290 Ga. App. 418, 420-421 (2) ( 659 SE2d 818 ) (2008); Brooks v. State, 285 Ga. App. 624, 627-628 ( 647 SE2d 328 ) (2007) (defendant was not requesting an independent blood test but was asking the officer to give him a blood or urine test in place of the breath test); Anderton v. State, 283 Ga. App. 493, 494-495 (1) ( 642 SE2d 137 ) (2007). 8 See Brooks, supra at 627 . 9 See Anderto 2009It is not clear from the record the point at which Mathis interrupted the reading of the notice to ask about a blood test. 6 State v. Gillaspy, 270 Ga. App. Ill, 112 ( 605 SE2d 835 ) (2004). 7 See Collins v. State, 290 Ga. App. 418, 420-421 (2) ( 659 SE2d 818 ) (2008); Brooks v. State, 285 Ga. App. 624, 627-628 ( 647 SE2d 328 ) (2007) (defendant was not requesting an independent blood test but was asking the officer to give him a blood or urine test in place of the breath test); Anderton v. State, 283 Ga. App. 493, 494-495 (1) ( 642 SE2d 137 ) (2007). 8 See Brooks, supra at 627 . 9 See Anderto | 2 | 2 |
State v. Fraziergreen2 sentences1999State v. Frazier, 229 Ga. App. 344, 345 ( 494 SE2d 36 ) (1997). 1999State v. Frazier, 229 Ga. App. 344, 345 ( 494 SE2d 36 ) (1997). | 1 | 2 |
Muir v. Stategreen2 sentences2009It is not clear from the record the point at which Mathis interrupted the reading of the notice to ask about a blood test. 6 State v. Gillaspy, 270 Ga. App. Ill, 112 ( 605 SE2d 835 ) (2004). 7 See Collins v. State, 290 Ga. App. 418, 420-421 (2) ( 659 SE2d 818 ) (2008); Brooks v. State, 285 Ga. App. 624, 627-628 ( 647 SE2d 328 ) (2007) (defendant was not requesting an independent blood test but was asking the officer to give him a blood or urine test in place of the breath test); Anderton v. State, 283 Ga. App. 493, 494-495 (1) ( 642 SE2d 137 ) (2007). 8 See Brooks, supra at 627 . 9 See Anderto 2009It is not clear from the record the point at which Mathis interrupted the reading of the notice to ask about a blood test. 6 State v. Gillaspy, 270 Ga. App. Ill, 112 ( 605 SE2d 835 ) (2004). 7 See Collins v. State, 290 Ga. App. 418, 420-421 (2) ( 659 SE2d 818 ) (2008); Brooks v. State, 285 Ga. App. 624, 627-628 ( 647 SE2d 328 ) (2007) (defendant was not requesting an independent blood test but was asking the officer to give him a blood or urine test in place of the breath test); Anderton v. State, 283 Ga. App. 493, 494-495 (1) ( 642 SE2d 137 ) (2007). 8 See Brooks, supra at 627 . 9 See Anderto | 1 | 1 |
Collins v. Stategreen2 sentences2009It is not clear from the record the point at which Mathis interrupted the reading of the notice to ask about a blood test. 6 State v. Gillaspy, 270 Ga. App. Ill, 112 ( 605 SE2d 835 ) (2004). 7 See Collins v. State, 290 Ga. App. 418, 420-421 (2) ( 659 SE2d 818 ) (2008); Brooks v. State, 285 Ga. App. 624, 627-628 ( 647 SE2d 328 ) (2007) (defendant was not requesting an independent blood test but was asking the officer to give him a blood or urine test in place of the breath test); Anderton v. State, 283 Ga. App. 493, 494-495 (1) ( 642 SE2d 137 ) (2007). 8 See Brooks, supra at 627 . 9 See Anderto 2009It is not clear from the record the point at which Mathis interrupted the reading of the notice to ask about a blood test. 6 State v. Gillaspy, 270 Ga. App. Ill, 112 ( 605 SE2d 835 ) (2004). 7 See Collins v. State, 290 Ga. App. 418, 420-421 (2) ( 659 SE2d 818 ) (2008); Brooks v. State, 285 Ga. App. 624, 627-628 ( 647 SE2d 328 ) (2007) (defendant was not requesting an independent blood test but was asking the officer to give him a blood or urine test in place of the breath test); Anderton v. State, 283 Ga. App. 493, 494-495 (1) ( 642 SE2d 137 ) (2007). 8 See Brooks, supra at 627 . 9 See Anderto | 1 | 1 |
Hunter v. Stategreen2 sentences2009It is not clear from the record the point at which Mathis interrupted the reading of the notice to ask about a blood test. 6 State v. Gillaspy, 270 Ga. App. Ill, 112 ( 605 SE2d 835 ) (2004). 7 See Collins v. State, 290 Ga. App. 418, 420-421 (2) ( 659 SE2d 818 ) (2008); Brooks v. State, 285 Ga. App. 624, 627-628 ( 647 SE2d 328 ) (2007) (defendant was not requesting an independent blood test but was asking the officer to give him a blood or urine test in place of the breath test); Anderton v. State, 283 Ga. App. 493, 494-495 (1) ( 642 SE2d 137 ) (2007). 8 See Brooks, supra at 627 . 9 See Anderto 2009It is not clear from the record the point at which Mathis interrupted the reading of the notice to ask about a blood test. 6 State v. Gillaspy, 270 Ga. App. Ill, 112 ( 605 SE2d 835 ) (2004). 7 See Collins v. State, 290 Ga. App. 418, 420-421 (2) ( 659 SE2d 818 ) (2008); Brooks v. State, 285 Ga. App. 624, 627-628 ( 647 SE2d 328 ) (2007) (defendant was not requesting an independent blood test but was asking the officer to give him a blood or urine test in place of the breath test); Anderton v. State, 283 Ga. App. 493, 494-495 (1) ( 642 SE2d 137 ) (2007). 8 See Brooks, supra at 627 . 9 See Anderto | 1 | 1 |
Hernandez v. Stategreen2 sentences2009It is not clear from the record the point at which Mathis interrupted the reading of the notice to ask about a blood test. 6 State v. Gillaspy, 270 Ga. App. Ill, 112 ( 605 SE2d 835 ) (2004). 7 See Collins v. State, 290 Ga. App. 418, 420-421 (2) ( 659 SE2d 818 ) (2008); Brooks v. State, 285 Ga. App. 624, 627-628 ( 647 SE2d 328 ) (2007) (defendant was not requesting an independent blood test but was asking the officer to give him a blood or urine test in place of the breath test); Anderton v. State, 283 Ga. App. 493, 494-495 (1) ( 642 SE2d 137 ) (2007). 8 See Brooks, supra at 627 . 9 See Anderto 2009It is not clear from the record the point at which Mathis interrupted the reading of the notice to ask about a blood test. 6 State v. Gillaspy, 270 Ga. App. Ill, 112 ( 605 SE2d 835 ) (2004). 7 See Collins v. State, 290 Ga. App. 418, 420-421 (2) ( 659 SE2d 818 ) (2008); Brooks v. State, 285 Ga. App. 624, 627-628 ( 647 SE2d 328 ) (2007) (defendant was not requesting an independent blood test but was asking the officer to give him a blood or urine test in place of the breath test); Anderton v. State, 283 Ga. App. 493, 494-495 (1) ( 642 SE2d 137 ) (2007). 8 See Brooks, supra at 627 . 9 See Anderto | 1 | 1 |
Walters v. Stategreen2 sentences2009It is not clear from the record the point at which Mathis interrupted the reading of the notice to ask about a blood test. 6 State v. Gillaspy, 270 Ga. App. Ill, 112 ( 605 SE2d 835 ) (2004). 7 See Collins v. State, 290 Ga. App. 418, 420-421 (2) ( 659 SE2d 818 ) (2008); Brooks v. State, 285 Ga. App. 624, 627-628 ( 647 SE2d 328 ) (2007) (defendant was not requesting an independent blood test but was asking the officer to give him a blood or urine test in place of the breath test); Anderton v. State, 283 Ga. App. 493, 494-495 (1) ( 642 SE2d 137 ) (2007). 8 See Brooks, supra at 627 . 9 See Anderto 2009It is not clear from the record the point at which Mathis interrupted the reading of the notice to ask about a blood test. 6 State v. Gillaspy, 270 Ga. App. Ill, 112 ( 605 SE2d 835 ) (2004). 7 See Collins v. State, 290 Ga. App. 418, 420-421 (2) ( 659 SE2d 818 ) (2008); Brooks v. State, 285 Ga. App. 624, 627-628 ( 647 SE2d 328 ) (2007) (defendant was not requesting an independent blood test but was asking the officer to give him a blood or urine test in place of the breath test); Anderton v. State, 283 Ga. App. 493, 494-495 (1) ( 642 SE2d 137 ) (2007). 8 See Brooks, supra at 627 . 9 See Anderto | 1 | 1 |
Yount v. Stategreen2 sentences2009It is not clear from the record the point at which Mathis interrupted the reading of the notice to ask about a blood test. 6 State v. Gillaspy, 270 Ga. App. Ill, 112 ( 605 SE2d 835 ) (2004). 7 See Collins v. State, 290 Ga. App. 418, 420-421 (2) ( 659 SE2d 818 ) (2008); Brooks v. State, 285 Ga. App. 624, 627-628 ( 647 SE2d 328 ) (2007) (defendant was not requesting an independent blood test but was asking the officer to give him a blood or urine test in place of the breath test); Anderton v. State, 283 Ga. App. 493, 494-495 (1) ( 642 SE2d 137 ) (2007). 8 See Brooks, supra at 627 . 9 See Anderto 2009It is not clear from the record the point at which Mathis interrupted the reading of the notice to ask about a blood test. 6 State v. Gillaspy, 270 Ga. App. Ill, 112 ( 605 SE2d 835 ) (2004). 7 See Collins v. State, 290 Ga. App. 418, 420-421 (2) ( 659 SE2d 818 ) (2008); Brooks v. State, 285 Ga. App. 624, 627-628 ( 647 SE2d 328 ) (2007) (defendant was not requesting an independent blood test but was asking the officer to give him a blood or urine test in place of the breath test); Anderton v. State, 283 Ga. App. 493, 494-495 (1) ( 642 SE2d 137 ) (2007). 8 See Brooks, supra at 627 . 9 See Anderto | 1 | 1 |
Collins v. Stategreen2 sentences2009It is not clear from the record the point at which Mathis interrupted the reading of the notice to ask about a blood test. 6 State v. Gillaspy, 270 Ga. App. Ill, 112 ( 605 SE2d 835 ) (2004). 7 See Collins v. State, 290 Ga. App. 418, 420-421 (2) ( 659 SE2d 818 ) (2008); Brooks v. State, 285 Ga. App. 624, 627-628 ( 647 SE2d 328 ) (2007) (defendant was not requesting an independent blood test but was asking the officer to give him a blood or urine test in place of the breath test); Anderton v. State, 283 Ga. App. 493, 494-495 (1) ( 642 SE2d 137 ) (2007). 8 See Brooks, supra at 627 . 9 See Anderto 2009It is not clear from the record the point at which Mathis interrupted the reading of the notice to ask about a blood test. 6 State v. Gillaspy, 270 Ga. App. Ill, 112 ( 605 SE2d 835 ) (2004). 7 See Collins v. State, 290 Ga. App. 418, 420-421 (2) ( 659 SE2d 818 ) (2008); Brooks v. State, 285 Ga. App. 624, 627-628 ( 647 SE2d 328 ) (2007) (defendant was not requesting an independent blood test but was asking the officer to give him a blood or urine test in place of the breath test); Anderton v. State, 283 Ga. App. 493, 494-495 (1) ( 642 SE2d 137 ) (2007). 8 See Brooks, supra at 627 . 9 See Anderto | 1 | 1 |
Emberson v. Stategreen2 sentences2009It is not clear from the record the point at which Mathis interrupted the reading of the notice to ask about a blood test. 6 State v. Gillaspy, 270 Ga. App. Ill, 112 ( 605 SE2d 835 ) (2004). 7 See Collins v. State, 290 Ga. App. 418, 420-421 (2) ( 659 SE2d 818 ) (2008); Brooks v. State, 285 Ga. App. 624, 627-628 ( 647 SE2d 328 ) (2007) (defendant was not requesting an independent blood test but was asking the officer to give him a blood or urine test in place of the breath test); Anderton v. State, 283 Ga. App. 493, 494-495 (1) ( 642 SE2d 137 ) (2007). 8 See Brooks, supra at 627 . 9 See Anderto 2009It is not clear from the record the point at which Mathis interrupted the reading of the notice to ask about a blood test. 6 State v. Gillaspy, 270 Ga. App. Ill, 112 ( 605 SE2d 835 ) (2004). 7 See Collins v. State, 290 Ga. App. 418, 420-421 (2) ( 659 SE2d 818 ) (2008); Brooks v. State, 285 Ga. App. 624, 627-628 ( 647 SE2d 328 ) (2007) (defendant was not requesting an independent blood test but was asking the officer to give him a blood or urine test in place of the breath test); Anderton v. State, 283 Ga. App. 493, 494-495 (1) ( 642 SE2d 137 ) (2007). 8 See Brooks, supra at 627 . 9 See Anderto | 1 | 1 |
State v. Coegreen2 sentences2002State v. Coe, 243 Ga. App. 232, 234 (2) ( 533 SE2d 104 ) (2000); State v. Moses, 237 Ga. App. 764 ( 516 SE2d 807 ) (1999). 2002State v. Coe, 243 Ga. App. 232, 234 (2) ( 533 SE2d 104 ) (2000); State v. Moses, 237 Ga. App. 764 ( 516 SE2d 807 ) (1999). | 1 | 1 |
Beasley v. Stategreen2 sentences1999See Beasley v. State, 204 Ga. App. 214, 215 ( 419 SE2d 92 ) (1992) (administration of drug test required before bond determination); State v. Frazier, 229 Ga. App. 344 ( 494 SE2d 36 ) (1997) (results of blood tests pursuant to implied consent were inadmissible as to evidence of possession of drugs). 1999See Beasley v. State, 204 Ga. App. 214, 215 ( 419 SE2d 92 ) (1992) (administration of drug test required before bond determination); State v. Frazier, 229 Ga. App. 344 ( 494 SE2d 36 ) (1997) (results of blood tests pursuant to implied consent were inadmissible as to evidence of possession of drugs). | 1 | 1 |
Rogers v. Stategreen2 sentences1981See Hulsey v. State, 138 Ga. App. 221, 222 ( 225 SE2d 752 ); Rogers v. State, 131 Ga. App. 136, 138 (1) ( 205 SE2d 901 ). 1981See Hulsey v. State, 138 Ga. App. 221, 222 ( 225 SE2d 752 ); Rogers v. State, 131 Ga. App. 136, 138 (1) ( 205 SE2d 901 ). | 1 | 1 |
Hulsey v. Stategreen2 sentences1981See Hulsey v. State, 138 Ga. App. 221, 222 ( 225 SE2d 752 ); Rogers v. State, 131 Ga. App. 136, 138 (1) ( 205 SE2d 901 ). 1981See Hulsey v. State, 138 Ga. App. 221, 222 ( 225 SE2d 752 ); Rogers v. State, 131 Ga. App. 136, 138 (1) ( 205 SE2d 901 ). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Georgia. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
MacKey v. State
green
2 sentences2018In Mackey v. State , 234 Ga. App. 554 , 556, 507 S.E.2d 482 (1998), we held that "an individual should be able to invoke his Fourth Amendment rights without having his refusal used against him at trial." However, Mackey involved a defendant's refusal to consent to the warrantless search of a vehicle, and we pointed out that "[a] defendant's refusal to consent to a warrantless search of his vehicle or other property is quite a different issue" from "a defendant's refusal to submit to a blood or urine test for determining alcohol or drug content." Id. at 555-556 , 507 S.E.2d 482 . 2018In Mackey v. State , 234 Ga. App. 554 , 556, 507 S.E.2d 482 (1998), we held that "an individual should be able to invoke his Fourth Amendment rights without having his refusal used against him at trial." However, Mackey involved a defendant's refusal to consent to the warrantless search of a vehicle, and we pointed out that "[a] defendant's refusal to consent to a warrantless search of his vehicle or other property is quite a different issue" from "a defendant's refusal to submit to a blood or urine test for determining alcohol or drug content." Id. at 555-556 , 507 S.E.2d 482 . | 3 | 2017–2018 |
Hynes v. the State
green
2 sentences2018As we have emphasized, "[t]he case law interpreting implied consent laws demonstrates that the judiciary overwhelmingly sanctions the use of civil penalties and evidentiary consequences against DUI suspects who refuse to comply." Hynes v. State , 341 Ga. App. 500 , 508, 801 S.E.2d 306 (2017). 2018As we have emphasized, "[t]he case law interpreting implied consent laws demonstrates that the judiciary overwhelmingly sanctions the use of civil penalties and evidentiary consequences against DUI suspects who refuse to comply." Hynes v. State , 341 Ga. App. 500 , 508, 801 S.E.2d 306 (2017). | 1 | 2018–2018 |
Hills v. State
green
2 sentences2009It is not clear from the record the point at which Mathis interrupted the reading of the notice to ask about a blood test. 6 State v. Gillaspy, 270 Ga. App. Ill, 112 ( 605 SE2d 835 ) (2004). 7 See Collins v. State, 290 Ga. App. 418, 420-421 (2) ( 659 SE2d 818 ) (2008); Brooks v. State, 285 Ga. App. 624, 627-628 ( 647 SE2d 328 ) (2007) (defendant was not requesting an independent blood test but was asking the officer to give him a blood or urine test in place of the breath test); Anderton v. State, 283 Ga. App. 493, 494-495 (1) ( 642 SE2d 137 ) (2007). 8 See Brooks, supra at 627 . 9 See Anderto 2009It is not clear from the record the point at which Mathis interrupted the reading of the notice to ask about a blood test. 6 State v. Gillaspy, 270 Ga. App. Ill, 112 ( 605 SE2d 835 ) (2004). 7 See Collins v. State, 290 Ga. App. 418, 420-421 (2) ( 659 SE2d 818 ) (2008); Brooks v. State, 285 Ga. App. 624, 627-628 ( 647 SE2d 328 ) (2007) (defendant was not requesting an independent blood test but was asking the officer to give him a blood or urine test in place of the breath test); Anderton v. State, 283 Ga. App. 493, 494-495 (1) ( 642 SE2d 137 ) (2007). 8 See Brooks, supra at 627 . 9 See Anderto | 1 | 2009–2009 |
State v. Gillaspy
green
1 sentence2009It is not clear from the record the point at which Mathis interrupted the reading of the notice to ask about a blood test. 6 State v. Gillaspy, 270 Ga. App. Ill, 112 ( 605 SE2d 835 ) (2004). 7 See Collins v. State, 290 Ga. App. 418, 420-421 (2) ( 659 SE2d 818 ) (2008); Brooks v. State, 285 Ga. App. 624, 627-628 ( 647 SE2d 328 ) (2007) (defendant was not requesting an independent blood test but was asking the officer to give him a blood or urine test in place of the breath test); Anderton v. State, 283 Ga. App. 493, 494-495 (1) ( 642 SE2d 137 ) (2007). 8 See Brooks, supra at 627 . 9 See Anderto | 1 | 2009–2009 |
State v. Moses
green
2 sentences2002State v. Coe, 243 Ga. App. 232, 234 (2) ( 533 SE2d 104 ) (2000); State v. Moses, 237 Ga. App. 764 ( 516 SE2d 807 ) (1999). 2002State v. Coe, 243 Ga. App. 232, 234 (2) ( 533 SE2d 104 ) (2000); State v. Moses, 237 Ga. App. 764 ( 516 SE2d 807 ) (1999). | 1 | 2002–2002 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.