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Joshua Taylorv.The State

CourtCourt of Appeals of Georgia
Docket No.A16A0463
DecidedJune 21, 2016
Reporter230 Ga. App. 224
JudgesCourt of Appeals of Georgia
Tags
CriminalCriminal ProcedureEvidenceHearsayExpert TestimonyIneffective Assistance of CounselSearch WarrantReversal
Case Summary

Joshua Taylor was convicted of first-degree vehicular homicide, driving without a valid license, and operating a vehicle without current registration after a nighttime crash killed a pedestrian. The Court of Appeals affirmed the vehicular-homicide conviction, holding that the circumstantial evidence supported the jury’s finding that Taylor, who appeared intoxicated, struck the victim even though no witness saw the impact. It also upheld the denial of suppression and the qualification of an accident-reconstruction expert. The court reversed the two traffic convictions because the only evidence proving the license and registration violations was inadmissible hearsay about computer checks and police reports. Trial counsel’s failure to object to that evidence was deficient and prejudicial because its exclusion would have left no proof of those offenses. The court rejected Taylor’s other ineffectiveness claims and held that the remaining evidence supported the homicide conviction. The judgment was affirmed in part and reversed in part, with a new trial required on the two misdemeanor traffic charges. Two judges concurred.

Opinion

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