2020 Georgia Code
Title 17 - Criminal Procedure
Chapter 16 - Discovery
Article 1 - Definitions; Felony Cases


Law reviews.

- For note on the 1994 amendments of Code Sections 17-16-1 to 17-16-9 and enactment of Code Sections 17-16-20 to 17-16-23 of this article, see 11 Ga. St. U.L. Rev. 137 (1994). For note on 1995 amendments and enactments of sections in this article, see 12 Ga. St. U.L. Rev. 144 (1995).

JUDICIAL DECISIONS

Constitutionality.

- Because the Criminal Procedure Discovery Act, O.C.G.A. § 17-16-1 et seq., provides for reciprocal discovery in criminal felony cases with any imbalance favoring the defendant, the law does not violate the due process clause of the United States or Georgia Constitutions. State v. Lucious, 271 Ga. 361, 518 S.E.2d 677 (1999).

Pretrial discovery provisions of the Criminal Procedure Discovery Act, O.C.G.A. § 17-16-1 et seq., do not implicate or infringe upon the confrontation clause which guarantees only the right to confront and cross-examine those individuals called to testify against a defendant at trial. State v. Lucious, 271 Ga. 361, 518 S.E.2d 677 (1999).

Reciprocal discovery provisions of the Criminal Procedure Discovery Act, O.C.G.A. § 17-16-1 et seq., do not violate the right to effective representation of counsel by denying the defendant the benefit of counsel's judgment of whether and when to reveal aspects of the defendant's case to the state. State v. Lucious, 271 Ga. 361, 518 S.E.2d 677 (1999).

Amended discovery procedure of O.C.G.A. § 17-16-1 et seq. is not an ex post facto law because the law affects purely procedural rights and duties. Stinski v. State, 281 Ga. 783, 642 S.E.2d 1 (2007).

Amended discovery procedure of O.C.G.A. § 17-16-1 et seq. is not a bill of attainder, which refers to legislative imposition of punishment on specific persons or on a class of persons without any judicial proceeding. Stinski v. State, 281 Ga. 783, 642 S.E.2d 1 (2007).

Amended discovery procedure of O.C.G.A. § 17-16-1 et seq. does not violate due process as it imposes reciprocal discovery upon the state; any difference in the scope of mitigating evidence and the scope of non-statutory aggravating evidence is too minimal to be of constitutional significance on the question of reciprocity of discovery. Stinski v. State, 281 Ga. 783, 642 S.E.2d 1 (2007).

Failure to raise issue results in waiver.

- Failure to request a continuance to cure any prejudice which may result from the state's failure to comply with the requirements of O.C.G.A. § 17-16-1 et seq. waives the right to assert error on appeal stemming from the state's alleged failure to comply with discovery statutes. Shelton v. State, 257 Ga. App. 890, 572 S.E.2d 401 (2002).

Binding effect of discovery procedure.

- Amended discovery procedure under O.C.G.A. § 17-16-1 et seq. was binding upon a defendant who elected to participate in the procedure before the amendment. Stinski v. State, 281 Ga. 783, 642 S.E.2d 1 (2007).

Prosecution has no obligation to locate defense witnesses.

- Trial court did not err in denying the defendant's request for a continuance based on the state violating the state's discovery obligations and failing to disclose exculpatory evidence when the state failed to provide the defendant with the transporting officer's out-of-state address because the state, acting in the state's role as the prosecution, has no obligation to locate defense witnesses and the defendant failed to show that any alleged discovery violation caused the defendant harm. Lafavor v. State, 334 Ga. App. 125, 778 S.E.2d 377 (2015).

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