Rutter v. Rutter
Annotate this CaseStacy Rutter surreptitiously installed several video surveillance devices in the marital home. Prior to divorce proceedings, Stacy's husband, Charles, moved to exclude any video recordings derived from the use of the surveillance devices on the ground they were made in violation of OCGA 16-11-62 (2). The trial court denied the motion to exclude, relying upon the "curtilage" exception set forth in the statute, but certified its ruling for immediate review. The Court of Appeals granted husband's application for interlocutory review and affirmed, holding subparagraph (2) (C), set forth in House Bill 1576, survived the subsequent enactment and approval of Senate Bill 316, which did not contain a similar subparagraph. In so doing, the appellate court reasoned that the two pieces of legislation were not repugnant. The Supreme Court granted certiorari to the Court of Appeals to determine which of the two pieces of legislation survived to become law. The Court concluded that subparagraph (2) (C) did not survive the subsequent amendment to OCGA 16-11-62 and therefore the Court of Appeals' judgment should have been reversed.
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