State v. Henry

Summary

The Supreme Court of Georgia held that a suspect invokes the right to additional, independent chemical testing under OCGA § 40-6-392 (a) (3) when a reasonable officer would understand the suspect’s statement as a request for such testing. The Court rejected and overruled the Court of Appeals’ “reasonably could” standard, adopting a “reasonably would” standard instead. The judgment was reversed and remanded for reconsideration of the defendant’s ineffective-assistance claim under the proper standard.

Holdings

1. A DUI suspect invokes the right to additional, independent chemical testing when the suspect's words, viewed in context and under the surrounding circumstances, would reasonably be understood by a law-enforcement officer as an expression of a desire for such testing. The Court rejected the Court of Appeals' "reasonably could" standard in favor of a "reasonably would" standard.
2. The statutory phrase "justifiable failure or inability to obtain an additional test" refers to the officer's failure or inability to obtain the test, and the failure is unjustifiable when a reasonable officer would understand that the suspect requested independent testing but nevertheless ignores that request.
3. The Court of Appeals was not barred from reconsidering the validity of the "reasonably could" standard merely because that standard existed when Henry was tried. The Supreme Court could overrule Ladow and its progeny in the ineffective-assistance appeal.

Questions Presented

1. What standard governs whether a DUI suspect invoked the statutory right to additional, independent chemical testing under OCGA § 40-6-392 (a) (3)?
2. Whether the Georgia Court of Appeals could reconsider and reject its prior "reasonably could" standard while evaluating Henry's ineffective-assistance claim.
3. Whether the State's failure to obtain additional independent testing is justifiable when a reasonable officer would not understand the suspect's statement as a request for such testing.

Disposition

reversed_and_remanded