STATE v. BURNS

S18G1354.

829 S.E.2d 367 (2019)

The STATE v. BURNS.

Supreme Court of Georgia.

Decided: June 10, 2019.


Attorney(s) appearing for the Case

Shannon Glover Wallace , District Attorney, Cliff Head , A.D.A., CHEROKEE COUNTY DISTRICT ATTORNEY'S OFFICE, Randall Joseph Ivey , A.D.A. District Attorney Office for Blue Ridge Judicial Circuit, 90 North Street, Suite 390, Canton, Georgia 30114, for Appellant.

Michael Scott Carlson , General Counsel, GEORGIA BUREAU OF INVESTIGATION, 3121 Panthersville Rd, Decatur, Georgia 30037-0808, D. Victor Reynolds , John Stuart Melvin , District Attorneys, Charles Prescott Boring , Deputy Chief A.D.A., John Richard Edwards , Amelia Greeson Pray , Jaret Teague Usher , A.D.A., COBB COUNTY DISTRICT ATTORNEY'S OFFICE, 70 Haynes Street, Marietta, Georgia 30090-9638, for Amicus Appellant.

Scott Thomas Poole , Michael Anthony Ray , GRISHAM & POOLE, P.C., 577 E. Main Street, Canton, Georgia 30114, for Appellee.

James L. Ford, Sr. , JAMES LEE FORD, P.C., 6111 Peachtree Dunwoody Road, Building G, Suite 100, Atlanta, Georgia 30328, for Amicus Appellee.


In Smith v. State, 259 Ga. 135(1), 377 S.E.2d 158 (1989), this Court held that, once certain procedural requirements are satisfied, a defendant in a sexual-offense prosecution may adduce evidence at trial that...

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