CRONKITE v. STATE

No. S12G1927.

745 S.E.2d 591 (2013)

293 Ga. 476

CRONKITE v. The STATE.

Supreme Court of Georgia.

July 1, 2013.


Attorney(s) appearing for the Case

Daniel Benjamin Sessions , Mcllhinney & Sessions, LLC, Norcross, Gregory Allen Willis , Head, Thomas, Webb & Willis, LLC, Atlanta, for appellant.

Rosanna M. Szabo , Solicitor-General, Meredith Leigh Chafin , Asst. Solicitor, Office of the Solicitor General, for appellee.

Fredric Daniel Bright , Dist. Atty., Ocmulgee Judicial Circuit District Attorney's Office, Charles Callison Olson , Carlton Todd Hayes , Charles Alan Spahos , Prosecuting Attorney's Council of Georgia, for amicus appellee.


MELTON, Justice.

In connection with his DUI prosecution, Weston D. Cronkite filed a motion under the Uniform Act to Secure the Attendance of Witnesses from Without the State, former OCGA § 24-10-94,1 to obtain, through the testimony of an out-of-state witness, the source code for the Intoxilyzer 5000, the device that was used to test his breath at the time that he was pulled over.2 The trial court denied...

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