Dunagan v. State

Barnes, Chief Judge.

In Dunagan v. State, 283 Ga. 501 (661 SE2d 525) (2008), the Supreme Court reversed Division 2 of this court’s opinion in Dunagan v. State, 286 Ga. App. 668, 670 (2) (649 SE2d 765) (2007). The Supreme Court held that the trial court abused its discretion in granting the State’s motion in limine to exclude Dunagan’s evidence that the intersection was inherently dangerous, and remanded to this court for further consideration.

Because evidence that the intersection was inherently dangerous was Dunagan’s sole defense in refuting evidence of his criminal negligence, its exclusion…