STATE v. STEPHENS

S19A1079.

837 S.E.2d 830 (2020)

The STATE, v. STEPHENS et al.

Supreme Court of Georgia.

Decided: January 13, 2020.


Attorney(s) appearing for the Case

Patricia B. Attaway Burton , Deputy Attorney General, Paula Khristian Smith , Senior Assistant Attorney General, Christopher M. Carr , Attorney General, DEPARTMENT OF LAW, 40 Capitol Square, S.W., Atlanta, Georgia 30334, Gregory W. Edwards , District Attorney, Harold Ronald Moroz , A.D.A., DOUGHERTY COUNTY DISTRICT ATTORNEY'S OFFICE, P.O. Box 1827, Albany, Georgia 31702, for Appellant.

Ricky Daniel Collum , THE COLLUM FIRM, P.C., 2711 South Main Street, Moultrie, Georgia 31768, Ingrid Patrice Driskell , P.O. Box 142, Albany, Georgia 31702, Troy Edward Golden , Alexander S. Merrill , DOUGHERTY CIRCUIT PUBLIC DEFENDER'S OFFICE, P.O. Box 1827, Albany, Georgia 31702-1827, Johnny Wayne Knight , JOHN W. KNIGHT , ATTORNEY AT LAW, P.O. Box 1199, Albany, Georgia 30702-1199, Sandra Anne Satchell , GEORGIA PUBLIC DEFENDER OFFICE, PO Box 1827, Albany, Georgia 31702, Benjamin David Harrell , HARRELL AND LEWIS, LLC, 2 Swindle Street, Camilla, Georgia 31730, for Appellee.


In this pending murder case involving multiple defendants,1 the State appeals from an order denying its pretrial motion to admit a witness's out-of-court statement by reason of necessity because the witness, Harry Dimeco, is now dead. The trial court ruled that the statement was inadmissible under...

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