Palmaka II
Palmaka II (Palmaka v. State - A06A1060) was published on July 27, 2006 by the Court of Appeals. It is a bad case for the defense on the issues presented on appeal. We will go into the substance of that later. However, the last paragraph may contain a little gold nugget that defense lawyers need to help with attacks on the Intox 5000 in jury trials. It may make a good jury charge.
“We further note that OCGA 40-6-392(a)(1)(A) provides only for the admissibility of the test results. A defendant remains freee to challenge the weight and credibility of that evidence before the jury.”
Hmmm…that might be helpful. Thanks to Jeremy Citron, the eternal optimist, for pointing that out.
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