admissibility of chemical test (Georgia) · Go Syfert
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admissibility of chemical test in Georgia

5 Georgia opinions name it 1 courts 1985–2013 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.

Followed or applied (4)

CaseFollowedCited
Burke v. Stategreen
gactapp · 1998 · cited in 2 Georgia opinions naming this issue, 2013–2013
2 sentences

2013The language of the charge in this case, as in Muir 2 was generally derived from OCGA § 40-6-392 (a) (1) (A), which “deals with the admissibility of chemical test results.” Burke v. State, 233 Ga. App. 778, 779 (3) ( 505 SE2d 528 ) (1998).

2013The language of the charge in this case, as in Muir 2 was generally derived from OCGA § 40-6-392 (a) (1) (A), which “deals with the admissibility of chemical test results.” Burke v. State, 233 Ga. App. 778, 779 (3) ( 505 SE2d 528 ) (1998).

22
Muir v. Stategreen
gactapp · 2001 · cited in 2 Georgia opinions naming this issue, 2013–2013
2 sentences

2013As given, the charge “implied] that the analysis or result for a particular individual ‘shall be considered valid,’ ” 3 and “mandated that the jury find valid the test results showing that [Bailey’s] blood alcohol level exceeded the legal limit.” Muir, 248 Ga. App. at 52 (1) (a), (b).

2013As given, the charge “impl[ied] that the analysis or result for a particular individual ‘shall be considered valid,’”3 and “mandated that the jury find valid the test results showing that [Bailey’s] blood alcohol level exceeded the legal limit.” Muir, 248 Ga. App. at 52 (1) (a), (b).

22
Rielli v. Stategreen
gactapp · 1985 · cited in 1 Georgia opinions naming this issue, 1987–1987
2 sentences

1987Appellant urges “that the admissibility of chemical test results is dependent upon the State’s compliance with the rules and regulations promulgated by the Department of Public Safety” (Rielli v. State, 174 Ga. App. 220, 222 (3) ( 330 SE2d 104 ) (1985)), and that, the State having failed to prove compliance with those rules and regulations regarding calibration of the instrument used to conduct the test of his breath, the test results were inadmissible.

1987Appellant urges “that the admissibility of chemical test results is dependent upon the State’s compliance with the rules and regulations promulgated by the Department of Public Safety” (Rielli v. State, 174 Ga. App. 220, 222 (3) ( 330 SE2d 104 ) (1985)), and that, the State having failed to prove compliance with those rules and regulations regarding calibration of the instrument used to conduct the test of his breath, the test results were inadmissible.

11
Willoughby v. Stategreen
gactapp · 1980 · cited in 1 Georgia opinions naming this issue, 1985–1985
2 sentences

1985Defendant relies upon our decisions in State v. Johnston, 160 Ga. App. 71 ( 286 SE2d 47 ) (affirmed 249 Ga. 413 ( 291 SE2d 543 )); State v. Baker, 146 Ga. App. 608 ( 247 SE2d 160 ); and Willoughby v. State, 153 Ga. App. 434, 435 (1) ( 265 SE2d 352 ).

1985Defendant relies upon our decisions in State v. Johnston, 160 Ga. App. 71 ( 286 SE2d 47 ) (affirmed 249 Ga. 413 ( 291 SE2d 543 )); State v. Baker, 146 Ga. App. 608 ( 247 SE2d 160 ); and Willoughby v. State, 153 Ga. App. 434, 435 (1) ( 265 SE2d 352 ).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Georgia. Read the followed side critically anyway.

Also cited on this issue (4)

CaseCitedYears
Smith v. State green
gactapp · 1988
2 sentences

1997Johnston, supra at 414-415 ; Smith v. State, 185 Ga. App. 531 ( 364 SE2d 907 ) (1988).

1997Johnston, supra at 414-415 ; Smith v. State, 185 Ga. App. 531 ( 364 SE2d 907 ) (1988).

11997–1997
State v. Johnston green
gactapp · 1981
2 sentences

1985Defendant relies upon our decisions in State v. Johnston, 160 Ga. App. 71 ( 286 SE2d 47 ) (affirmed 249 Ga. 413 ( 291 SE2d 543 )); State v. Baker, 146 Ga. App. 608 ( 247 SE2d 160 ); and Willoughby v. State, 153 Ga. App. 434, 435 (1) ( 265 SE2d 352 ).

1985Defendant relies upon our decisions in State v. Johnston, 160 Ga. App. 71 ( 286 SE2d 47 ) (affirmed 249 Ga. 413 ( 291 SE2d 543 )); State v. Baker, 146 Ga. App. 608 ( 247 SE2d 160 ); and Willoughby v. State, 153 Ga. App. 434, 435 (1) ( 265 SE2d 352 ).

11985–1985
State v. Johnston green
ga · 1982
2 sentences

1985Defendant relies upon our decisions in State v. Johnston, 160 Ga. App. 71 ( 286 SE2d 47 ) (affirmed 249 Ga. 413 ( 291 SE2d 543 )); State v. Baker, 146 Ga. App. 608 ( 247 SE2d 160 ); and Willoughby v. State, 153 Ga. App. 434, 435 (1) ( 265 SE2d 352 ).

1985Defendant relies upon our decisions in State v. Johnston, 160 Ga. App. 71 ( 286 SE2d 47 ) (affirmed 249 Ga. 413 ( 291 SE2d 543 )); State v. Baker, 146 Ga. App. 608 ( 247 SE2d 160 ); and Willoughby v. State, 153 Ga. App. 434, 435 (1) ( 265 SE2d 352 ).

11985–1985
State v. Baker green
gactapp · 1978
2 sentences

1985Defendant relies upon our decisions in State v. Johnston, 160 Ga. App. 71 ( 286 SE2d 47 ) (affirmed 249 Ga. 413 ( 291 SE2d 543 )); State v. Baker, 146 Ga. App. 608 ( 247 SE2d 160 ); and Willoughby v. State, 153 Ga. App. 434, 435 (1) ( 265 SE2d 352 ).

1985Defendant relies upon our decisions in State v. Johnston, 160 Ga. App. 71 ( 286 SE2d 47 ) (affirmed 249 Ga. 413 ( 291 SE2d 543 )); State v. Baker, 146 Ga. App. 608 ( 247 SE2d 160 ); and Willoughby v. State, 153 Ga. App. 434, 435 (1) ( 265 SE2d 352 ).

11985–1985

Statutes the citing opinions construe

GA § 40-6-392 (5) GA § 40-6-391 (4)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

ND 14 (1993–2025) OH 11 (1995–2026) LA 11 (1986–2013) GA 5 (1985–2013) CT 3 (2007–2008) NC 3 (2016–2016) PA 2 (1996–2016)

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.

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