Nuckles v. GeorgiaAnnotate this Case
Wanda Nuckles was charged with depriving James Dempsey, an elder person, of essential services and concealing his death. Prior to her trial on those charges, Nuckles filed a motion seeking to exclude a video recording captured on a camera concealed in Dempsey’s room at the residential rehabilitation center where Nuckles worked, asserting that the recording was inadmissible under OCGA 16-11-67 because she did not consent to its recording as required under OCGA 16-11-62 (2). The trial court denied the motion, and Nuckles appealed that ruling to the Court of Appeals, which affirmed the trial court in an unpublished opinion. The Georgia Supreme Court granted Nuckles’s petition for certiorari on the issue of whether the Court of Appeals erred in determining that the video recording at issue fell within the exception provided in OCGA 16-11-62 (2) (B). Because the Supreme Court agreed that the video recording fell within that exception, judgment was affirmed.