Defendant was charged under indictment 1 and had a suppression hearing. He was reindicted in indictment 2 and went to trial in that case. When he appealed, the record of conviction under indictment 2 came up for appeal and no suppression hearing under indictment 2 was included in the record. Thus, defendant defaulted the suppression issue for appeal. Glenn v. State, 2020 Ga. LEXIS 175 (Mar. 13, 2020).
Evidence of invocation of the right against self-incrimination “by refusing to consent to a State-administered breath test is inadmissible. Further, neither the United States nor Georgia Supreme Courts have found admission of a refusal to consent to blood testing to implicate the right against self-incrimination. Accordingly, such evidence is not constitutionally inadmissible.” State v. Johnson, 2020 Ga. App. LEXIS 185 (Mar. 12, 2020).*