Legal Opinion

Mann v. State

Court of Appeals of Georgia

Decided April 12, 2007No. A07A0212PublishedCited by 6 opinions

1Opinion of the Court

Smith, Presiding Judge.

We granted Sean Mann’s application for discretionary appeal of the trial court’s order revoking the remaining 14 years of his probation. Mann contends that the trial court erred by admitting the results of a Roche “OnTrack TesTstik” without a showing that the test had reached a scientific state of verifiable certainty, which would allow admission of the test’s results in the absence of expert testimony. For the reasons set forth below, we agree, vacate the trial court’s order revoking the balance of Mann’s probation, and remand this case with direction.

A court may…

2Cases cited13 opinions

  1. Jones v. StateSupreme Court of Georgia · 2000
  2. Harper v. StateSupreme Court of Georgia · 1982
  3. Graves v. StateSupreme Court of Georgia · 1998
  4. Petkas v. GrizzardSupreme Court of Georgia · 1984
  5. Young v. StateCourt of Appeals of Georgia · 2004

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3Cited by6 opinions

  1. Brown v. StateCourt of Appeals of Georgia · 2008
  2. Disharoon v. StateCourt of Appeals of Georgia · 2007
  3. People v. LoveallSupreme Court of Colorado · 2010
  4. Gaddis v. StateCourt of Appeals of Georgia · 2011
  5. Ollie Antonio Murphy v. StateCourt of Appeals of Georgia · 2024

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