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Smith v State – DUI vehicular homicide must include lesser included option

Smith v. State, A17A1252, September 7, 2017. Quincy Alexander Smith was convicted of first-degree vehicular homicide for causing the death of another with a blood alcohol concentration over 0.08 grams within three hours of driving.  After dropping his wife and children off at a friend’s house, he was turning left into his subdivision when he […]

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HARTZLER v STATE – Hospital records are not testimonial under Crawford

Hartzler v State, A15A0321, Affirmed, June 30, 2015. The Georgia Court of Appeals affirmed the felony vehicular homicide conviction of Colon Hartzler. Hartzler appealed alleging sufficiency of the evidence, a violation of the Confrontation Clause in the admission of his hospital blood tests, and charging the jury that negligence of the victim was irrelevant for […]

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Carder v State – vehicular homicide can proceed after statute of limitations run on underlying DUI

Carder v. State, A14A0221, Court of Appeals of Georgia, June 4, 2014.  Tammy Fay Carder was arrested for DUI, Reckless Driving, and driving on the wrong side of the road on August 4, 2008, after crossing over the center line and striking another vehicle killing a passenger while smelling of wine in Forsyth County. She […]

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Court of Appeals Affirms Vehicular Homicide Conviction despite reasonable alternative theory on circumstantial evidence

Shy v. State, A10A1696, Georgia Court of Appeals, March 29, 2011.Vehicular Homicide, 1st Degree; Reckless Driving; Failure to Maintain Lane, and Driving with a Suspended License. The city of Atlanta, Fulton County Superior Court Jury Trial. The driver struck Husband and Wife pulled over in the emergency lane of I-285 with a broken-down car killing […]

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Wright v. State, A10A0459, June 28, 2010

Vehicular Homicide, DUI, Sufficiency of the Evidence, Merger.  Wright v. State, A10A0459, Georgia Court of Appeal, June 28, 2010. After crossing the centerline, a head-on collision, and admitting ingesting methadone and Xanax, M. Wright was convicted on two counts of vehicular homicide, two counts of serious injury by vehicle, and DUI drugs less safe.  Wright […]

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