Legal Opinion

Wagner v. State

Court of Appeals of Georgia

Decided September 7, 2011No. A11A0895PublishedCited by 18 opinions

1Opinion of the Court

BARNES, Presiding Judge.

A jury convicted James D. Wagner of driving under the influence of alcohol to the extent it was less safe for him to drive (“DUI — Less Safe”) and of child endangerment for driving with a child in the car while under the influence of alcohol (“DUI — Child Endangerment”). The trial court subsequently denied his motion for a new trial. On appeal, Wagner contends that the trial court committed reversible error by instructing the jury that it could infer, from his refusal to take a State-administered breath test, that the test would have shown the presence of alcohol…

Also in this document: Concurrence.

2Cases cited6 opinions

  1. Jackson v. VirginiaSupreme Court of the United States · 1979
  2. Baird v. StateCourt of Appeals of Georgia · 2003
  3. Vadde v. StateCourt of Appeals of Georgia · 2009
  4. Jones v. StateCourt of Appeals of Georgia · 2001
  5. In the Interest of A. S.Court of Appeals of Georgia · 2008

1 more not listed; retrieve them via the Exa API.

3Cited by18 opinions

  1. State v. KellySupreme Court of Georgia · 2011
  2. Shaw v. StateSupreme Court of Georgia · 2013
  3. Guajardo v. StateSupreme Court of Georgia · 2011
  4. Morris v. the StateCourt of Appeals of Georgia · 2017
  5. Brown v. StateCourt of Appeals of Georgia · 2012

13 more not listed; retrieve them via the Exa API.

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