STATE v. BRANNAN

No. S96A1635.

477 S.E.2d 575 (1996)

267 Ga. 315

The STATE v. BRANNAN.

Supreme Court of Georgia.

November 12, 1996.


Attorney(s) appearing for the Case

H. Lamar Cole, District Attorney, Valdosta, Mark E. Mitchell, Assistant District Attorney, Thomasville, for State.

Walter E. Van Heiningen, Thomasville, for Brannan.


SEARS, Justice.

In this case, we rule that the trial court unnecessarily found OCGA § 16-6-23 (prohibiting the publication of a rape victim's name or identity) to be unconstitutional under the First and Fourteenth Amendments to the United States Constitution and Article One of the Georgia Constitution, because appellant Mark Allan Brannan's ("Brannan") motion to dismiss the indictment against him could have been decided without reaching that constitutional question...

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