2021 Georgia Code
Title 17 - Criminal Procedure
Chapter 16 - Discovery
Article 1 - Definitions; Felony Cases
§ 17-16-6. Failure to Comply With Discovery Requirements
If at any time during the course of the proceedings it is brought to the attention of the court that the state has failed to comply with the requirements of this article, the court may order the state to permit the discovery or inspection, interview of the witness, grant a continuance, or, upon a showing of prejudice and bad faith, prohibit the state from introducing the evidence not disclosed or presenting the witness not disclosed, or may enter such other order as it deems just under the circumstances. If at any time during the course of the proceedings it is brought to the attention of the court that the defendant has failed to comply with the requirements of this article, the court may order the defendant to permit the discovery or inspection, interview of the witness, grant a continuance, or, upon a showing of prejudice and bad faith, prohibit the defendant from introducing the evidence not disclosed or presenting the witness not disclosed, or may enter such other order as it deems just under the circumstances. The court may specify the time, place, and manner of making the discovery, inspection, and interview and may prescribe such terms and conditions as are just.
(Code 1981, §17-16-6, enacted by Ga. L. 1994, p. 1895, § 4; Ga. L. 1995, p. 1250, § 2.)
Law reviews.- For annual survey of death penalty law, see 56 Mercer L. Rev. 197 (2004). For survey article on death penalty law, see 60 Mercer L. Rev. 105 (2008).
JUDICIAL DECISIONSANALYSIS
- General Consideration
- Use of Media
- Application
- Appeals
RESEARCH REFERENCES
ALR.
- Failure of state prosecutor to disclose exculpatory physical evidence as violating due process - weapons, 53 A.L.R.6th 81.
Failure of state prosecutor to disclose exculpatory physical evidence as violating due process - personal items other than weapons, 55 A.L.R.6th 391.
