Spann v. State
310 Ga. App. 575
Ga. Ct. App.2011Background
- Spann was convicted of driving under the influence after a bench trial.
- Spann sought an out-of-state subpoena under OCGA § 24-10-90 et seq. to obtain the source code of the Intoxilyzer 5000 from CMI, Inc. (Kentucky).
- The trial court initially granted the subpoena but later vacated that grant and denied the subpoena, citing the need to show materiality and necessity.
- The Georgia Supreme Court later vacated Davenport and Yeary, adopting a standard that the trial court must first determine materiality and whether the subpoenaing state permits compulsion of attendance, with a certificate to be issued and forwarded to an out-of-state court for further proceedings.
- The case was remanded for reconsideration of whether the witness is material and whether a certificate should issue, potentially leading to a new trial.
- Spann challenged the admission of similar transaction evidence, but the court held that argument was unavailing and affirmed on that issue, with remand for the subpoena issue.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether trial court properly denied out-of-state subpoena. | Spann argues for issuance of subpoena. | State contends no proper basis to compel attendance. | Remanded for reconsideration under new standard. |
| Whether similar transaction evidence violated Spann's rights. | Spann argues constitutional violation. | State argues admissibility under precedent. | Unavailing; evidence admissible. |
Key Cases Cited
- Davenport v. State, 289 Ga. 399, 711 S.E.2d 699 (Ga. 2011) (rejected 'necessary and material' standard; requires materiality and interstate enforcement inquiry.)
- Yeary v. State, 302 Ga. 535, 690 S.E.2d 901 (Ga. 2010) (rejected prior standard for out-of-state subpoenas.)
- Wade v. State, 295 Ga.App. 45, 670 S.E.2d 864 (Ga. App. 2008) (admission of similar transaction evidence upheld.)