Blanchard v State – ineffective assistance of counsel – hire an expert – DUI Diabetes
Blanchard v. State, 13A1082, October 18, 2013. This is an appeal from a DUI jury trial in the State Court of Chatham County in Savannah Georgia. On appeal, Defendant alleged that it was ineffective assistance of counsel not to hire an expert witness to testify about his diabetes and how his diabetic condition could mimic alcohol intoxication. The Georgia Court of Appeals held that the failure of an attorney to hire an expert to testify that Diabetes may cause hyperglycemic or hypoglycemic attack which can mimic alcohol intoxication is not ineffective assistance of counsel requiring a new trial but rather a trial strategy. Especially where the Defense Attorney was able to obtain this testimony from a defense expert witness at trial.
