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Carnell v. State

Defendant was not entitled to a continuance to obtain an independent expert opinion on his blood samples because he did not provide an appropriate plan for the examination of the evidence as the trial court requested.

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A Gordon County jury convicted defendant Billy H. Carnell of four counts of homicide by vehicle OCGA § 40-6-393 and two counts of driving under the influence OCGA § 40-6-391. The superior court thereafter sentenced the defendant consecutively to thirty-two years confinement to serve. Defendant now appeals the superior court’s denial of his motion for new trial, contending a that the evidence is insufficient to support his convictions, and b that the superior court erred in denying his motion for continuance for its failure to allow him time sufficient to retain an independent expert to examine blood samples he had given, having granted his motion for funds to do so in camera before trial.

Viewed in the light most favorable to the jury’s verdict, the evidence shows that at or about 7:30 p.m., on December 14, 1998, the defendant was driving his eighteen wheel tractor-trailer eastbound on Georgia Highway 53 at 40-50 miles per hour outside Fairmount in Gordon County. Defendant’s truck crossed the centerline into the westbound lane of the two lane highway and collided with a westbound automobile head-on. The driver of the westbound vehicle and his wife were crushed to death in the collision, the cab of the truck coming to rest over the top of the victims’ car.

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