Holman v. the State
329 Ga. App. 393
Ga. Ct. App.2014Background
- Holman was convicted by a jury of DUI less safe and serious injury by vehicle after a June 30, 2007 interstate crash.
- Witnesses described Holman weaving, speeding, crossing medians, and striking the victim’s car; one witness noted Holman reeked of alcohol and had red eyes.
- Law enforcement testified Holman smelled of alcohol, had bloodshot eyes, slurred speech, and refused a breath test after claiming he would test positive for alcohol.
- Holman admitted heavy drinking the prior night; the officer considered him an impaired driver.
- Procedural history includes a prior published opinion recalled and vacated; issues centered on record completeness and transcript transmission.
- Court ultimately affirmed the convictions despite Holman’s procedural and evidentiary challenges.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Evidence sufficiency for DUI less safe | Holman claims insufficient evidence. | State contends evidence supports DUI less safe and related serious injury. | Convictions affirmed; evidence sufficient. |
| Jury instructions on chemical test refusal | Holman asserts burden-shifting instruction was improper. | State argues instruction correctly permitted inference rebuttable by defense. | Instruction not reversible error. |
| Indictment-aligned jury instruction on serious injury | Holman argues organic brain injury included beyond indictment. | State contends charge should not stray from indictment; error if any was cured by proper framing. | Any error cured; instruction not reversible. |
| Ineffective assistance for failing to object to officer testimony | Holman claims officer’s opinion that Holman was impaired was improper. | State contends officer may testify to impairment opinion. | No ineffective assistance; objection would be meritless. |
Key Cases Cited
- Steadham v. State, 224 Ga. 78 (Ga. 1968) (transcript transmission requirements for appeals)
- Okeke v. State, 272 Ga. App. 529 (Ga. App. 2005) (absence of transcript precludes review)
- Watts v. State, 258 Ga. App. 579 (Ga. App. 2002) (absence of trial transcript limits review)
- Boatright v. State, 308 Ga. App. 266 (Ga. App. 2011) (restrictive indictment-aligned jury instructions; remedial cure)
- Lumpkin v. State, 249 Ga. 834 (Ga. 1982) (reversible error when charging multiple methods not in indictment)
- Green v. State, 240 Ga. App. 377 (Ga. App. 1999) (cures for instructional errors when indictment and elements are properly framed)
- Muldrow v. State, 322 Ga. App. 190 (Ga. App. 2013) (ineffective assistance standard; meritless objections)
- Porras v. State, 295 Ga. 412 (Ga. 2014) (meritless objections cannot support ineffective assistance claims)
- Driver v. State, 240 Ga. App. 513 (Ga. App. 1999) (policies allowing officer to testify to impairment)