{"id":43017,"date":"2020-03-18T07:55:56","date_gmt":"2020-03-18T12:55:56","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=43017"},"modified":"2020-03-18T07:55:56","modified_gmt":"2020-03-18T12:55:56","slug":"ga-failure-to-bring-up-record-of-suppression-hearing-held-instead-in-a-connected-case-was-waiver","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=43017","title":{"rendered":"GA: Failure to bring up record of suppression hearing held instead in a connected case was waiver"},"content":{"rendered":"\n<p>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. <a href=\"https:\/\/www.gasupreme.us\/wp-content\/uploads\/2020\/03\/s20a0058.pdf\">Glenn v. State<\/a>, 2020 Ga. LEXIS 175 (Mar. 13, 2020).<br \/><\/p>\n\n\n\n<p>Evidence of invocation of the right against self-incrimination \u201cby 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.\u201d <a href=\"https:\/\/efast.gaappeals.us\/download?filingId=81172896-4721-4e6d-b430-9424542ebaed\">State v. Johnson<\/a>, 2020 Ga. App. LEXIS 185 (Mar. 12, 2020).*<br \/><\/p>\n","protected":false},"excerpt":{"rendered":"<p>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 &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=43017\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[114,96],"tags":[],"class_list":["post-43017","post","type-post","status-publish","format-standard","hentry","category-privileges","category-standards-of-review"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/43017","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=43017"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/43017\/revisions"}],"predecessor-version":[{"id":43018,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/43017\/revisions\/43018"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=43017"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=43017"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=43017"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}