The Georgia Supreme Court has clarified what constitutes hearsay evidence in a criminal prosecution involving alleged gang and racketeering activities.

In a case before DeKalb Superior Court, prosecutors attempted to introduce a federal indictment charging unrelated defendants as evidence in a Georgia RICO and Street Gang Terrorism trial. The State argued that the indictment demonstrated motive and criminal intent under O.C.G.A. § 24-4-404(b).