Jackson v. State

I respectfully dissent with respect to the admissibility of the test results of the fetus’ blood. This evidence, considered in Division 2 of the majority opinion, should have been suppressed. I concur in Division 1.

Defendant advances several arguments against admissibility: the autopsy and subsequent blood testing were not authorized by her and thus were subject to the requirement of a search warrant on Fourth Amendment and state constitutional grounds; the Georgia Death Investigation Act did not authorize the procedure because the stillborn fetus, which weighed two pounds eight ounces and…