Mckinneyv.The State
Jerrion McKinney faced charges under Georgia’s Gang Act and related firearm and assault statutes after the State alleged that he participated in an armed takeover of an Atlanta area in which roadways were barricaded and others were prevented from passing. Before trial, the State sought to introduce evidence of other criminal-gang activity under Georgia Evidence Rule 418. The Supreme Court of Georgia held that Rule 418 does not itself require proof of a nexus between the other act and an intent to further gang activity. But the evidence remains subject to the rest of the Evidence Code, including relevance and the balancing rule that permits exclusion when unfair prejudice substantially outweighs probative value. The Court affirmed the Court of Appeals’ construction of Rule 418 and remanded through that court for the trial court to consider whether the particular other-acts evidence should be excluded under the applicable rules. All justices concurred.
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