Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Samuels v. State

The trial court properly admitted the defendant's hospital records arising from an automobile accident that led to her arrest for DUI, as the records were made to facilitate the defendant's treatment and not in anticipation of prosecution and were thus admissible under the business records exception to hearsay.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Following trial, a jury convicted Martina Samuels of one count of driving under the influence of alcohol to the extent it was less safe for her do to so DUI less safe and one count of disorderly conduct. On appeal, Samuels contends that the trial court erred in admitting hospital records because these records constituted hearsay and violated her right to confrontation, and in failing to rebuke the State’s prosecutor and provide sufficient curative instructions when the prosecutor made improper comments during closing argument. For the reasons set forth infra, we affirm.

Viewed in the light most favorable to the jury’s verdict,1 the evidence shows that around 10:30 p.m. on May 22, 2012, the Savannah-Chatham Metropolitan Police Department received a 911 call from a motorist traveling on a nearby section of the interstate, indicating that another vehicle had been involved in an accident. Within a few minutes, a dispatched patrol officer arrived on the scene and observed that an SUV had crashed into the guardrail on the shoulder of the interstate, spun around, and come to rest facing oncoming traffic. Upon making contact with the driver of the SUV ultimately identified as Samuels, and the three passengers, the officer determined that no one seemed to be seriously injured. However, the officer also noticed an alcoholic-beverage odor upon speaking with Samuels.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
Southeastern Legal Awards 2025
May 01, 2025
Atlanta, GA

The Daily Report is honoring those attorneys and judges who have made a remarkable difference in the legal profession.


Learn More
GlobeSt. Healthcare Real Estate 2024
December 02, 2024 - December 03, 2024
Scottsdale, AZ

Join the industry's top owners, investors, developers, brokers and financiers for the real estate healthcare event of the year!


Learn More
ThinkAdvisor LUMINARIES Awards 2024
December 11, 2024
Las Vegas, NV

This event shines a spotlight on how individuals and firms are changing the investment advisory industry where it matters most.


Learn More
Go to Events Go to Webcasts
(NEW) JUNIOR-MID LEVEL LITIGATION ASSOCIATE WANTED FOR ELITE LITIGATION BOUTIQUE FIRM (Atlanta, GA)

Our client, a boutique litigation firm established by former BigLaw partners, is seeking to hire a junior-mid level associate their rapidly ...


Apply Now ›
CORPORATE ASSOCIATE - CT or Remote

Shipman & Goodwin LLP is seeking an associate to join our corporate and transactional practice. Candidates must have four to eight years...


Apply Now ›
Senior Associate - Boutique -A&D (NYC)

SENIOR ASSOCIATE ATTORNEY, BOUTIQUE LAW FIRM, CORPORATE LAW We provide strategic advisory and legal services to the world's leading archite...


Apply Now ›
Go to Lawjobs