BERKY v. STATE

No. S94G1826.

463 S.E.2d 891 (1995)

266 Ga. 28

BERKY v. The STATE.

Supreme Court of Georgia.

December 4, 1995.


Attorney(s) appearing for the Case

Russell T. Bryant, Lawrenceville, for Berky.

Gerald N. Blaney, Jr., Solicitor, Lawrenceville, Richard E. Thomas, Chief Asst. Solicitor, Lawrenceville, for State.

Nicholas A. Lotito, Davis, Zipperman, Kirschenbaum & Lotito, Atlanta, Daniel A. Summer, Summer & Summer, Gainesville, amici curiae.

Cheryl H. Kelley, Gainesville.


CARLEY, Justice.

Peter Gabor Berky was charged with DUI, driving with an unlawful alcohol concentration, speeding, and improper lane change. He filed a motion in limine to exclude a videotape allegedly showing his commission of the offenses charged. Because the arresting officer was killed in an unrelated incident after Berky's arrest, the State was unable to lay the foundation for the admission of the videotape, and the trial court entered an order granting the motion...

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