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DAVENPORT v. STATE

No. S10G1355.

711 S.E.2d 699 (2011)

289 Ga. 399

DAVENPORT v. The STATE.

Supreme Court of Georgia.

June 20, 2011.

Attorney(s) appearing for the Case

Head, Thomas, Webb & Willis, William C. Head, Atlanta, for appellant.

Barry Edward Morgan, Solicitor-General, Joseph W. Hudson, Assistant Solicitor-General, for appellee.

Charles Callison Olson, Tasha Monique Mosley, amici curiae.

BENHAM, Justice.

After the trial court denied appellant Emily Davenport's motion, filed under the Uniform Act to Secure the Attendance of Witnesses from Without the State, OCGA § 24-10-90 et seq. ("the Uniform Act"), to obtain evidence purportedly possessed by a specified person in Kentucky, she was convicted in a bench trial of driving under the influence of alcohol per se based on evidence from the Intoxilyzer 5000 that her blood alcohol content was 0.156 grams...

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