177 Ga. App. 813 - Dye v. State’s Empirical Analysis

Citation profile

8 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “That appellant chose not to take advantage of [the independent testing] procedure does not mean that it was unavailable to him. What it does demonstrate is that the trial court was authorized to conclude that `appellant failed to show that the matters sought (ostensibly for purposes of) cross-examination (were) in some manner relevant to the issues in the case on trial, (cits.) and hence that the lack of the material (would impair) his defense so as to deprive him of a fair trial.' [Cit.] To hold otherwise would constitute a judicial usurpation of a legislative function. Had the General Assembly intended that defendants in criminal cases be furnished with such material as was sought by appellant merely upon their asking for it, OCGA § 17-7-211 would so provide. [Cit.] To adopt appellant's contention regarding what is subject to a subpoena would obviate the limited parameters of OCGA § 17-7-211 established by the legislature, there being no incentive to resort to OCGA § 17-7-211 if a subpoena offered an unlimited range of obtainable material from the State's expert. In the instant case, appellant could have sought an independent examination and, thereafter, devised his plans for cross-examination of the State's expert as to his testing methods and results. Appellant did not do this. Thus, appellant cannot be heard to complain that his only method of effective defense as against [the sale] of contraband was frustrated.”

   1 later decision quote this exact passage
   e.g. 194 Ga. App. 678 - Eason v. State