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Garrisonv.The State

CourtSupreme Court of Georgia
Docket No.S24G0007
DecidedAugust 13, 2024
JudgesSupreme Court of Georgia
Tags
CriminalCriminal ProcedureAppellate ProcedureStatutory InterpretationMotion for New TrialVacaturRemand
Case Summary

The State prosecuted Garrison after charges that the applicable statute of limitations had been extended during the COVID-19 emergency. The Supreme Court of Georgia held that the State was not required to allege and prove that the emergency orders independently supplied additional time to prosecute. The Court nevertheless vacated the convictions because the trial court had not properly resolved whether testimony concerning the limitations issue was admissible under the correct evidentiary standard. It remanded for that determination. If the testimony is admissible, the trial court may re-enter the convictions and sentences; if it must be excluded, a new trial will be required. All justices concurred.

Opinion

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