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5 Georgia opinions name it 2 courts 1994–2018 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 |
|---|---|---|
Owens v. the Stategreen2 sentences2015See OCGA § 24-8-803 (1); see also Owens, supra, 329 Ga. App. at 458 (1) (b). 2015See OCGA § 24-8-803 (1); see also Owens, supra, 329 Ga. App. at 458 (1) (b). | 1 | 1 |
Harper v. Stategreen1 sentence2005See generally Horizontal Gaze Nystagmus Test: Use in Impaired Driving Prosecution, 60 ALR4th 1129 (2004). 5 Harper v. State, 249 Ga. at 523-526 (1). 6 Johnson v. State, 264 Ga. at 458 (5). 7 Id. 8 In Hawkins v. State, we recognized “that field sobriety tests must be administered properly under law enforcement guidelines” and that “a challenge to the method by which an admissible test is administered would be the subject of a timely motion or objection at trial and a subsequent analysis thereon by the trial court on a case by case basis.” 223 Ga. App. at 38 (1). | 1 | 1 |
Hawkins v. Stategreen2 sentences2005See generally Horizontal Gaze Nystagmus Test: Use in Impaired Driving Prosecution, 60 ALR4th 1129 (2004). 5 Harper v. State, 249 Ga. at 523-526 (1). 6 Johnson v. State, 264 Ga. at 458 (5). 7 Id. 8 In Hawkins v. State, we recognized “that field sobriety tests must be administered properly under law enforcement guidelines” and that “a challenge to the method by which an admissible test is administered would be the subject of a timely motion or objection at trial and a subsequent analysis thereon by the trial court on a case by case basis.” 223 Ga. App. at 38 (1). 2005We cautioned, however, that “a challenge to the administration of the tests is not the same as a challenge to the foundation for admission of the tests pursuant to Harper [v. State]’ and stated, “ [t] he burden would be on the party raising ohj ection to show error in the administration of the tests.” Id. | 1 | 1 |
O'DELL v. Stategreen2 sentences1994Compare O’Dell v. State, 200 Ga. App. 655 ( 409 SE2d 54 ) (1991) (officer failed to make reasonable accommodation where he actually misinformed defendant about admissibility of independent test and refused to allow defendant to call around to find a hospital which could do an admissible test). 1994Compare O’Dell v. State, 200 Ga. App. 655 ( 409 SE2d 54 ) (1991) (officer failed to make reasonable accommodation where he actually misinformed defendant about admissibility of independent test and refused to allow defendant to call around to find a hospital which could do an admissible test). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Georgia. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
State v. Tousley
green
2 sentences2018Recognizing that Hawkins might cause some confusion as to the burden of proof regarding the proper administration of HGN tests, in State v. Tousley , 271 Ga. App. 874 , 611 S.E.2d 139 (2005), the Court of Appeals sought to clarify the matter. 2018Recognizing that Hawkins might cause some confusion as to the burden of proof regarding the proper administration of HGN tests, in State v. Tousley , 271 Ga. App. 874 , 611 S.E.2d 139 (2005), the Court of Appeals sought to clarify the matter. | 2 | 2018–2018 |
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.