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The Statev.Henry

CourtSupreme Court of Georgia
Docket No.S20G1339
DecidedOctober 19, 2021
Reporter312 Ga. 632
JudgesSupreme Court of Georgia
Tags
CriminalCriminal ProcedureEvidenceIneffective Assistance of CounselStatutory InterpretationReversalRemand
Case Summary

Kemar Henry was prosecuted for driving under the influence after the State administered chemical testing and he sought an additional independent test. The Supreme Court of Georgia considered what constitutes a request for independent testing and whether trial counsel was ineffective in handling that issue. The Court held that the Court of Appeals had applied the wrong standard when evaluating counsel’s performance and the statutory request requirement. It reversed and remanded for reconsideration of the ineffective-assistance claim under the proper legal standard and for further proceedings.

Opinion

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