Davenport v. State

PHIPPS, Presiding Judge.

Emily Davenport was convicted of driving under the influence of alcohol. In Davenport v. State, 1 she appealed from the conviction, challenging the trial court’s denial of her motion for an order authorizing the issuance of a subpoena to an out-of-state witness. 2 In denying Davenport’s motion, the trial court determined that the out-of-state witness’s testimony was not necessary and material to the case. 3 We affirmed the judgment. 4

The Supreme Court of Georgia vacated our judgment and remanded the case to us with direction. 5 The Court held that we erred in stating…