Hartzler v. the State
332 Ga. App. 674
Ga. Ct. App.2015Background
- Hartlzer Hartzler (sic Hartzler) was convicted of two counts of first-degree homicide by vehicle and related offenses after a June 25, 2010 incident.
- Hartzler, driving a doorless jeep with a passenger, left a northbound road in a manner that caused her passenger to be ejected.
- Witnesses smelled alcohol on Hartzler; his jeep contained alcohol and a spilled beverage; BAC later reported at .19.
- Hartler refused a blood test; medical records later showed elevated BAC hours after the collision.
- Hartzler was charged by nine-count indictment; he was acquitted of some counts and convicted of others.
- On appeal, Hartzler challenged sufficiency of the homicide evidence, Confrontation Clause, causation instruction, and comments by the court.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of proximate-cause for vehicular homicide | Hartlzer argues no proximate cause from intoxication. | State argues conduct was a substantial factor. | Sufficient evidence supported proximate cause |
| Admissibility of blood-alcohol content from medical records | Violates Confrontation Clause; no testifying tester. | Records non-testimonial; business-records exception. | No Confrontation Clause violation; records admitted as business records |
| Causation instruction and decedent negligence | Instruction overly broad and ignored causal link. | Proper proximate-cause standard; negligence irrelevant if substantial factor. | Instruction correct; negligence irrelevant if substantial factor |
| Court's expression of opinion by using 'victim' in proximate-cause charge | Use of 'victim' shows opinion on guilt. | Single term not improper when considered with full charge. | Not improper; overall charge conveyed proper law |
Key Cases Cited
- Kirk v. State, 289 Ga. App. 125 (2008) (proximate cause requires substantial-factor causation)
- Ponder v. State, 274 Ga. App. 93 (2005) (proximate cause and substantial-factor standard)
- Jones v. State, 313 Ga. App. 590 (2012) (DUi and proximate cause; substantial-factor approach)
- Williamson v. State, 308 Ga. App. 473 (2011) (causation charges proper; no error in phrasing)
- Bowling v. State, 289 Ga. 881 (2011) (medical records; treatment purpose not testimonial)
- Hester v. State, 283 Ga. 367 (2008) (testimonial nature of statements; emergency context)
- Dixon v. State, 227 Ga. App. 533 (1997) (business-records exception for blood-test results)
- Sedlak v. State, 275 Ga. 748 (2002) (court not to express opinion; read charge as whole)