Opinion
S24C0007
02-20-2024
MISTY MICHELLE GARRISON v. THE STATE.
Court of Appeals Case No. A23A1032
The Honorable Supreme Court met pursuant to adjournment. The following order was passed:
The Supreme Court today granted the writ of certiorari in this case as case No. S24G0007 .
This case will be assigned to the May 2024 oral argument calendar automatically under Supreme Court Rule 50 (1) (a). Oral argument is mandatory in granted certiorari cases.
This Court is particularly concerned with the following issue or issues:
1. Can petitioner show that she was sentenced on the count charged in the amended accusation?
2. If so, did the Court of Appeals err in holding that the State was not required to allege in the amended accusation that former Chief Justice Melton's March 14, 2020 Order Declaring Statewide Judicial Emergency and subsequent orders tolled the statute of limitation?
3. Did petitioner properly preserve a claim that the trial court erred in overruling her objection, made pursuant to Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (113 S.Ct. 2786, 125 L.Ed.2d 469) (1993), to testimony that the HGN test showed that she was impaired?
4. If so, did the Court of Appeals err in deciding that there was no error in the admission of the HGN evidence without applying OCGA § 24-7-702, which now extends to criminal cases the federal standard of admissibility of expert testimony articulated in Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (113 S.Ct. 2786, 125 L.Ed.2d 469) (1993), and its progeny? See 2022 Ga. Laws, p. 201, § 1; Nundra v. State, 316 Ga. 1, 15 n.5 (885 S.E.2d 790) (2023).
Briefs should be submitted only on these points. See Supreme Court Rule 45.
All the Justices concur.