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Lawskills.com Georgia Caselaw
THE STATE v. MCCARD.
69425.
BENHAM, Judge.
Motion in limine. Fulton Superior Court. Before Judge Eldridge.
Prior to his trial on a charge of vehicular homicide, appellee filed a motion in limine seeking a ruling that the results of a blood-alcohol test were not admissible. This appeal is from the grant of that motion.
1. Appellee has filed a motion to dismiss this appeal on the ground that the grant of a motion in limine, as opposed to a motion to suppress, is not directly appealable by the State under OCGA 5-7-1. That issue is controlled adversely to appellee by State v. Strickman, 253 Ga. 287, 288 (319 SE2d 864) (1984), where, after a discussion of the function of a motion in limine, the Supreme Court held that "if a defendant moves before trial to exclude evidence on the ground that it was obtained in violation of law, the grant of such a motion -- whatever its name is subject to direct appeal on the part of the State."
William W. Barham, David B. Manley III, for appellee.
Lewis R. Slaton, District Attorney, Benjamin H. Oehlert III, Assistant District Attorney, for appellant.
DECIDED FEBRUARY 21, 1985.
Thursday May 21 17:14 EDT


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