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ELLIOTT v. STATE

S18A1204.

824 S.E.2d 265 (2019)

ELLIOTT v. The STATE.

Supreme Court of Georgia.

Decided: February 18, 2019.

Attorney(s) appearing for the Case

Gregory Allen Willis , Willis Law Firm, Jared Thomas Hall , Thomas, Webb & Willis LLC, Atlanta, Attorneys for the Appellant.

William Washington Fleenor , Ethan Merritt Makin , Assistant Solicitor, Athens-Clarke, County Solicitor General's Office, Kenneth W. Mauldin , District Attorney, Western Judicial Circuit District Attorney's Office, Attorneys for the Appellee.

Daniel J. Sabol , Luftman, Heck & Associates LLP, Donald Timothy Huey , Blaise J. Katter , Huey Defense Firm, Attorneys for the Amicus Appellant.

Patricia B. Attaway Burton , Deputy Attorney General, Ross Warren Bergethon , Deputy Solicitor-General, David Scott McLaughlin , Paula Khristian Smith , Senior Assistant Attorneys General, Andrew Alan Pinson , Solicitor-General, Christopher M. Carr , Attorney General, Jameson B. Bilsborrow , Assistant Attorney General, Department of Law, Attorneys for the Amicus Appellee.

Margaret Ellen Heap , District Attorney, Office of the District Attorney Eastern Judicial Circuit, Joseph Scott Key , Miller & Key, PA, McDonough, William Aubrey Finch , Forsyth County Solicitor General's Office, David Holmes A.D.A., Cherokee County District Attorney's Office, Samuel Richard d'Entremont , A.D.A., Gwinnett County District Attorney's Office, Gilbert Alexander Crosby , Peter J. Skandalakis , Robert Wright Smith, Jr. , Prosecuting Attorney's Council of Georgia, Attorneys for the Neutral Amicus

The State is prosecuting Andrea Elliott for driving under the influence of alcohol. When Elliott was arrested, she refused to submit to a breath test. Georgia statutes allow the State to use her refusal against her in her criminal trial, and the State has sought to do precisely that. The United States Supreme Court has held that...

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