Davenport v. State

I respectfully dissent because the opinion of the majority upturns well-founded Georgia precedent, and ignores obvious legislative intent, common sense, and the facts of this case.

As noted by the majority, this Court granted certiorari to the Court of Appeals in Davenport v. State, 303 Ga. App. 401 (693 SE2d 510) (2010), to consider whether the Court of Appeals erred in finding that Emily Davenport, who was. convicted of driving with an illegal concentration of alcohol, OCGA § 40-6-391 (a) (5), failed to make a showing sufficient under the Uniform Act to Secure the Attendance of Witnesses…