Gallegos-Munozv.The State
The Supreme Court of Georgia considered whether a defendant charged with a sex offense may introduce evidence that the alleged victim previously made a false accusation of sexual misconduct against someone else. The Court held that older Georgia decisions requiring admission after a threshold showing do not control prosecutions governed by the 2013 Evidence Code. The current Evidence Code governs the admissibility of prior-accusation evidence, including the relevant rules for relevance and unfair prejudice. The Court vacated the judgment and remanded for the trial court to reconsider the evidentiary ruling under those rules. If the evidence was properly excluded, the conviction may be reinstated; if it was improperly excluded, the court must consider prejudice and take further proceedings.
Loading published copy…

