Legal Opinion · Dissent

Taylor v. State

Supreme Court of Georgia

Decided November 2, 2009No. S09G0881Published

1DissentCarley, Presiding Justice

In its zeal to insist that Appellant Danielle Taylor was fully acquitted of homicide by vehicle in the first degree as defined in OCGA § 40-6-393, the majority erroneously disregards the firm basis in Georgia law for the trial court’s treatment of the count denominated “involuntary manslaughter” as a duplicate “vehicular homicide” charge, as well as fundamental principles regarding the construction of verdicts which even the Court of Appeals accepted in this case.

The majority initially determines that involuntary manslaughter “should never have been charged.” (Maj. op. p. 328) In the Court of…

2Cases cited21 opinions

  1. Sims v. StateSupreme Court of Georgia · 1996
  2. Miller v. StateSupreme Court of Georgia · 2002
  3. Turner v. StateSupreme Court of Georgia · 2008
  4. Hester v. StateSupreme Court of Georgia · 2008
  5. State v. TiraboschiSupreme Court of Georgia · 1998

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