AWAD v. STATE

S21G0370.

868 S.E.2d 219 (2022)

AWAD v. The STATE.

Supreme Court of Georgia.

Decided: January 19, 2022.


Attorney(s) appearing for the Case

D. Benjamin Sessions , The Sessions Law Firm, LLC, 3155 Roswell Rd., Ste. 220, Atlanta, Georgia 30305, for Appellant.

Greg Allen Willis , Willis Law Firm, 6000 Lake Forrest Drive, Suite 375, Atlanta, Georgia 30328, Kimberly A. Dymecki , 50 Technology Pkwy. South, Peachtree Corners, Georgia 30092, Hunter Joseph Rodgers , Paulding County Public Defender's Office, 280 Constitution Blvd., Room 1086, Dallas, Georgia 30132, for Amicus Appellant.

Omeeka P. Loggins , Solicitor-General, Augusta-Richmond County Solicitor General's Office, 735 James Brown Blvd, Suite 2500, Augusta, Georgia 30901, Robert Wright Smith, Jr. , Gilbert Alexander Crosby , Prosecuting Attorneys' Council Of Georgia, 1590 Adamson Parkway, 4th Floor, Morrow, Georgia 30260-1755, for Neutral Amicus.

Mark Patrick Higgins, Jr. , A.D.A., Herbert McIntosh Poston, Jr. , District Attorney, Conasauga Judicial Circuit District Attorney's Office, P.O. Box 1086, Dalton, Georgia 30722-1086, for Appellee.

Andrew Alan Pinson , Solicitor-General, Ross Warren Bergethon , Deputy Solicitor-General, Department of Law, 40 Capitol Square SW, Atlanta, Georgia 30334, for Other Party.


This Court has held that the right against compelled self-incrimination protected by Article I, Section I, Paragraph XVI of the Georgia Constitution of 1983 ("Paragraph XVI") prohibits the State from admitting into evidence both the results of a compelled state-administered breath test...

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