Georgia Court of Appeals, 2017

Spencer v. State

Georgia Court of Appeals · Decided December 12, 2017 · McFadden

808 S.E.2d 918; 344 Ga. App. 111 (South Eastern Reporter, Second Series)

Cases that cite this one

6 later published cases cite this decision.

Luz Cruz v. Mule Camp Springs, LLC (Ga. Ct. App. 2025)
James Darren Summerville v. Innovative Images, LLC (Ga. Ct. App. 2019)
Memorial Healthcare Group, Inc. v. Craig Vickers, as Administrator of the Estate of Geraldine Smith (Ga. Ct. App. 2025)
BOWEN v. SAVOY (Ga. 2020)
Thelma Ward, as Surviving Spouse of Jimmie Ward v. Marriott International, Inc. (Ga. Ct. App. 2019)
John Glenn v. Hettie Sue Hernandez (Ga. Ct. App. 2019)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

McFADDEN, Presiding Judge.

In Spencer v. State, 337 Ga. App. 360, 787 S.E.2d 320 (2016), this court affirmed the appellant's conviction of driving under the influence of alcohol, finding in Division 1 that the trial court had not erred in allowing certain testimony from the arresting officer and in Division 2 that the trial court had not erred in giving a pattern jury instruction instead of a requested charge. The Georgia Supreme Court, in Spencer v. State, 302 Ga. 133, 805 S.E.2d 886 (2017) ), reversed the finding in Division 1 of our opinion and reversed the appellant's DUI conviction, but did not address Division 2 of our opinion. Accordingly, Division 1 of our decision in Spencer, supra at 337 Ga. App. 360-361, 787 S.E.2d 320, is hereby vacated and the judgment of the Supreme Court is made the judgment of this court.

Judgment reversed.

Miller, P. J., and McMillian, J., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.