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Georgia Supreme Court Tosses DUI Conviction Based on Officer’s Testimony of Impairment
Loaded on Nov. 16, 2017
by Christopher Zoukis
published in Criminal Legal News
December, 2017, page 17
Filed under:
Police Misconduct.
Location:
Georgia.
by Christopher Zoukis
The Georgia Supreme Court sent a message to prosecutors in an October 2, 2017 opinion: A police officer’s testimony as to a defendant’s performance on a horizontal gaze nystagmus (“HGN”) test cannot, by itself, establish a numeric blood alcohol content level.
The HGN test …
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More from this issue:
- Absurd, Abusive, and Outrageous: The Creation of Crime and Criminals in America, by Christopher Zoukis
- Study’s Data Show Racial Disparity in Plea Bargaining Outcomes, by Derek Gilna
- Missouri Supreme Court Holds Probation Revocation for Nonpayment of Court Costs Unconstitutional, by Mark Wilson
- Evidence Scandal Leads to the Dismissal of over 140 Texas Criminal Cases, by Matthew Clarke
- Fourth Circuit Holds Supervised Release Revocation Sentence Unreasonable, by Christopher Zoukis
- Urban Institute Releases Report Detailing the Effects of Criminal Background Checks on Employment, by Derek Gilna
- California SVP Determination Based on Hearsay Evidence Reversed, by Mark Wilson
- Alford Pleas: Prosecutors’ Choice for the Wrongfully Convicted, by David Reutter
- Eighth Circuit: Warrantless Seizure of Handgun Not Permitted under Plain View Doctrine, by Mark Wilson
- News in Brief
- Oregon Supreme Court Rules No Vindictiveness in Resentencing Where Longer Term for Specific Conviction but Overall Multi-Conviction Sentence Shorter, by Mark Wilson
- Seventh Circuit: Violent Cop’s Below-Guideline Sentence Not Justified, Again, by Mark Wilson
- Unloaded Firearm in Zipped Case Is Not “Deadly Weapon” under Oregon’s First-Degree Burglary Statute, by Mark Wilson
- D.C. Court of Appeals Rules Warrantless Use of Stingray Device Constitutes Unlawful Search and Reverses Defendant’s Convictions, by Richard Resch
- Eleventh Circuit Holds Defendants Voluntarily Consented to Search in Police Ruse to Search Home Purportedly to Investigate Burglary, by David Reutter
- Pennsylvania Supreme Court Rules State Sex Offender Registration Law Violates Ex Post Facto Clause, by David Reutter
- Georgia Supreme Court Rules Flipping the Bird Is Not Disorderly Conduct, by Christopher Zoukis
- New Study: “Broken Windows” Policing May Not Be as Effective as Thought, by Christopher Zoukis
- California Felonizes Some Prosecutorial Misconduct, by Matthew Clarke
- Ninth Circuit Concludes Mandatory Supervision Akin to Parole for Fourth Amendment Analysis, by Mark Wilson
- Proof of Law Enforcement Duty Is Primary Job to Establish Peace Officer Status, by David Reutter
- Oregon Enacts Law Requiring Grand Jury Testimony to Be Recorded—Finally!, by Mark Wilson
- Georgia Supreme Court Tosses DUI Conviction Based on Officer’s Testimony of Impairment, by Christopher Zoukis
- Third Circuit Holds Habeas Petitioner’s Claim Based on Prosecutor Knowingly Using Perjured Testimony Not Subject to Brecht “Actual Prejudice” Standard, by Richard Resch
- Nevada Supreme Court: Mistrial Due to Egregious and Improper Conduct by Prosecutor Bars Retrial, by Christopher Zoukis
- Several States Bar Landlords from Automatically Denying Housing to Felons
- Habeas Hints: SCOTUS Review 2016–17, by Kent Russell, Tara Hoveland
- Fourth Circuit Holds North Carolina Sex Offender Restrictions Unconstitutional, by Matthew Clarke
- Colorado Supreme Court Rules That Criminal Trespass Is a Lesser Included Offense of Burglary, by Christopher Zoukis
- Colorado Supreme Court Rules That Unlawful Sexual Contact Is a Lesser Included Offense of Sexual Assault, by Christopher Zoukis
- Kentucky Court Rules Death Penalty Statute Applied to Defendant under 21 Years Old Unconstitutional, by Mark Wilson
More from Christopher Zoukis:
- The Contraband Wars Prison authorities target books and mail, miss the goods coming through the staff door, July 1, 2021
- Trump v. Biden on Criminal Justice, Oct. 1, 2020
- Coronavirus in Prison: The Cruel Reality, Aug. 1, 2020
- With Lives of Immigrant Detainees at Risk to COVID-19, Federal Judge Forces ICE’s Hand, July 1, 2020
- A Nation on the Brink, June 15, 2020
- Federal Court Slams Michigan Jail for Bungling COVID-19 Pandemic, Demands Names of Vulnerable Prisoners for Release, June 1, 2020
- Silence: The Bureau of Prisons’ Pathetic Response to the COVID-19 Pandemic, June 1, 2020
- New York Judge Orders Release of 18 Rikers Island Detainees Due to COVID-19 Risk, June 1, 2020
- Coronavirus: A Nationwide Survey of the Push for Early Release as Pandemic Fears Grow, May 1, 2020
- California Three-Judge Court Denies Emergency Motion to Reduce Prison Population During Pandemic, May 1, 2020
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- The Recycled Police Officer: Research Reveals High Cost of Ignoring Prior Misconduct, May 1, 2026. Harassment by Police, Police Misconduct, Statistics/Trends, Excessive Force (Police), Police/Govt Misconduct.
- “I Have Nothing to Hide”: Why Innocent People Should Never Talk to Police, March 1, 2026. Police Misconduct, Actual Innocence/Claim of Innocence, Interviews/Debriefing.
- Michigan Claws Back $1.2 Million Paid to Wrongfully Convicted Former Prisoner, Feb. 1, 2026. Police Misconduct, Wrongful Imprisonment, Qualified Immunity, Forensic Sciences, Fabrication of Evidence.
- Utah Supreme Court Announces Framework for Analyzing Combined Brady and Napue Violations, Affirms Postconviction Relief in Capital Murder Case, Jan. 1, 2026. Police Misconduct, Prosecutor/Attorney General Misconduct, Perjury/Perjured Testimony, Constructive/Imputed/Presumed knowledge, Brady/Giglio/Jencks Act Issues.
- Sixth Circuit Upholds $45 Million Verdict for Wrongfully Convicted Former Ohio Prisoner, Aug. 1, 2025. Police Misconduct, Wrongful Conviction, Wrongful Imprisonment.
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