David B. Chatham v. State

Court of Appeals of Georgia

David B. Chatham v. State

DecidedApril 30, 2019

DocketA19A0378

StatusPublished

This text of David B. Chatham v. State (David B. Chatham v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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David B. Chatham v. State, (Ga. Ct. App. 2019).

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Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ April 15, 2019

The Court of Appeals hereby passes the following order:

A19A0378. DAVID B. CHATHAM v. THE STATE.

David B. Chatham, who was charged with DUI, moved to suppress the results of a State-administered breath test obtained after his arrest.1 Chatham argued that the results were inadmissible because the State violated his Georgia constitutional right against self-incrimination by failing to give him a Miranda2 warning before administering the test. The trial court denied the motion, ruling that Chatham had no constitutional right to be given a Miranda warning before deciding whether to submit to the breath test. Following a bench trial, Chatham was convicted of DUI, and he now appeals to this Court. The Supreme Court “has exclusive jurisdiction over all cases involving construction of the Constitution of the State of Georgia and of the United States and all cases in which the constitutionality of a law, ordinance, or constitutional provision has been called into question.” Atlanta Independent School System v. Lane, 266 Ga. 657, 657 (1) (469 SE2d 22) (1996) (citing Ga. Const. of 1983, Art. VI, Sec. VI, Par. II (1)). This appeal appears to fall within the Supreme Court’s exclusive jurisdiction over cases involving the construction of the state and federal constitution. Further, the Supreme Court has the ultimate responsibility for determining appellate jurisdiction. See Saxton v. Coastal Dialysis & Med. Clinic, 267 Ga. 177, 178 (476 SE2d 587) (1996). Accordingly, this appeal is hereby TRANSFERRED to the

1 Chatham also moved to suppress other evidence that is not at issue in this appeal. 2 Miranda v. Arizona, 384 U. S. 436 (86 SCt. 1602, 16 LE2d 694) (1966). Supreme Court for disposition.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 04/15/2019 I certify that the above is a true extract from the minutes of the Court of Appeals of Georgia. Witness my signature and the seal of said court hereto affixed the day and year last above written.

, Clerk.

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Court of Appeals of the State of Georgia

ATLANTA,____________________ April 15, 2019

The Court of Appeals hereby passes the following order:

A19A0378. DAVID B. CHATHAM v. THE STATE.

David B. Chatham, who was charged with DUI, moved to suppress the results of a State-administered breath test obtained after his arrest.1 Chatham argued that the results were inadmissible because the State violated his Georgia constitutional right against self-incrimination by failing to give him a Miranda2 warning before administering the test. The trial court denied the motion, ruling that Chatham had no constitutional right to be given a Miranda warning before deciding whether to submit to the breath test. Following a bench trial, Chatham was convicted of DUI, and he now appeals to this Court. The Supreme Court “has exclusive jurisdiction over all cases involving construction of the Constitution of the State of Georgia and of the United States and all cases in which the constitutionality of a law, ordinance, or constitutional provision has been called into question.” Atlanta Independent School System v. Lane, 266 Ga. 657, 657 (1) (469 SE2d 22) (1996) (citing Ga. Const. of 1983, Art. VI, Sec. VI, Par. II (1)). This appeal appears to fall within the Supreme Court’s exclusive jurisdiction over cases involving the construction of the state and federal constitution. Further, the Supreme Court has the ultimate responsibility for determining appellate jurisdiction. See Saxton v. Coastal Dialysis & Med. Clinic, 267 Ga. 177, 178 (476 SE2d 587) (1996). Accordingly, this appeal is hereby TRANSFERRED to the

1 Chatham also moved to suppress other evidence that is not at issue in this appeal. 2 Miranda v. Arizona, 384 U. S. 436 (86 SCt. 1602, 16 LE2d 694) (1966). Supreme Court for disposition.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 04/15/2019 I certify that the above is a true extract from the minutes of the Court of Appeals of Georgia. Witness my signature and the seal of said court hereto affixed the day and year last above written.

, Clerk.

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David B. Chatham v. State, Counsel Stack Legal Research, https://law.counselstack.com/opinion/david-b-chatham-v-state-gactapp-2019.

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