Marietta Attorneys Dean Phillips Law Office

Dean Phillips Law Office

341 Lawrence Street
Marietta, GA 30060
770-900-9175

  • Home
  • Practice Areas
    • Criminal Defense Attorney
      • Assault & Battery
      • Bench Warrants
      • Burglary
      • Bail Bonds
      • Drug Crimes
      • Hit and Run
      • Homicide
      • Juvenile Defense
      • Misdemeanors
      • Probation Violations
      • Resisting Arrest
      • Sex Offenses & Rape
      • Stalking
      • Theft
      • Weapons Offenses
      • White Collar Crimes
    • Divorce
    • DUI Defense
    • Georgia Gun Trust
    • Gun Trust
    • Personal Injury
      • Brain Spinal Cord Injuries
      • Dog Bites
      • Distracted Driver
      • Medical Malpractice
      • Motorcycle Accident
      • Pedestrian Bicycle Accidents
      • Personal Injury Compensation
      • Reckless Driver
      • Trucking Accidents
      • Wrongful Death
    • Traffic Violations
  • About the Attorney
  • Blog
  • Contact
You are here: Home / Criminal / Georgia Supreme Court Defines Hearsay in Prosecutor’s Indictment

May 13, 2016

Georgia Supreme Court Defines Hearsay in Prosecutor’s Indictment

The State entered into evidence a federal indictment “charging unrelated defendants with crimes and racketeering activities” into an instant case before DeKalb Superior Court. The group of defendants before the judge and jury already on trial faced multiple violations of the Street Gang Terrorism and Prevention Act and the Georgia Racketeer Influenced and Corrupt Organizations (RICO) Act. The State believed that the indictment was needed in order to prove other elements associated with “criminal gang activity” and under O.C.G.A. § 24-4-404 (b), felt that the indictment was admissible in order to show motive. The trial court denied the motion, prompting the State to appeal.

The Supreme Court agreed with the trial court, pointing out that an indictment is a “formal written accusation,” which the Court then labeled as hearsay and unusable as evidence. The Court also informed the State that it was obligated to prosecute its case based upon the rules regarding evidence rather than “alleged gang-related crimes.”

Filed Under: Criminal, Ga State laws

Contact Us

  • This field is for validation purposes and should be left unchanged.

Reality TV Stars Guilty of Obstruction

According to a federal jury, before she was center stage in a slew of reality TV programs, Julie … [Read More...]

Uvalde Shooting Puts Terroristic Threats in the Spotlight

In the months leading up to this tragic school shooting in a quiet Texas town, the gunman apparently … [Read More...]

Hate Crimes in Georgia Increased in 2020

Thanks to a new law, the number of hate crimes that went to Georgia courts was up over 500 percent … [Read More...]

UCW (Unlawfully Carrying a Weapon) in Georgia

Rash of Mass Shootings Raises Weapons Possession Questions Regardless of your political viewpoint, … [Read More...]

What’s the Penalty for First-Time DUI in Georgia?

When people ask us this question, they’re really asking “How do I avoid the penalty for first-time … [Read More...]

The Phillips Law Firm, LLC
341 Lawrence Street
Marietta, Georgia 30060
770-900-9175

Copyright © 2022 · Attorney Advertising. This website is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer client relationship.