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Baird v. State

Citations

  • 580 S.E.2d 650
  • 260 Ga. App. 661
  • 2003 Fulton County D. Rep. 1229
  • 2003 Ga. App. LEXIS 456

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • involving OCGA § 40-6-391 (a) (1), the statute for motor vehicles which is nearly identical in substance to OCGA §52-7-12 (a)(1)
  • “Because individual responses to alcohol vary, the presence of alcohol in a defendant’s body, by itself, does not support an inference that the defendant was an impaired driver.” (Emphasis in original)
  • trial court erred in suggesting to the jury that a refusal to submit to testing “by itself” supported an inference that defendant was driving while impaired
  • “Error in a jury charge is harmless where there is no reasonable probability that it misled the jury or permitted a defendant’s conviction on an erroneous theory.”
  • “Error in a jury charge is harmless where there is no reasonable probability that it misled the jury or permitted a defendant’s conviction on an erroneous theory.”
  • “Error in a jury charge is harmless where there is no reasonable probability that it misled the jury or permitted a defendant’s conviction on an erroneous theory.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Phipps, Blackburn, Ellington

Read full opinion on CourtListener

Cited by

23 cases in this archive cite this case; the 20 most cited are listed.

Cites

10 cases in this archive are cited by this case.

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