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   State Courts - Georgia - January 30, 2006

  
Warner v. State, A05A1816., COURT OF APPEALS OF GEORGIA, January 30, 2006, Decided
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Overview: Where State attempted to prove that defendant, in raping victim, gave victim herpes, trial court improperly admitted evidence from positive blood test done at private laboratory. There was no evidence that sample was routinely handled, and there was no testimony about chain of custody from when sample was taken to when it was tested.

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Wiggins v. State, S05G1215., SUPREME COURT OF GEORGIA, January 30, 2006, Decided
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Overview: Where defendant, a peace officer, was not given proper notice pursuant to O.C.G.A. §§ 17-7-52 and 45-11-4 after being charged with false writings and statements, in violation of O.C.G.A. § 16-10-20, arising from actions in the performance of his official duties, his motion to dismiss the indictment should have been granted as to that charge only.

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Willoughby v. State, S05A2051., SUPREME COURT OF GEORGIA, January 30, 2006, Decided
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Overview: Where defendant was questioned as a witness at the police station regarding various crimes, he was not subjected to custodial interrogation and accordingly, Miranda warnings were not required; denial of his motion to suppress those statements was proper.

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