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The Statev.Alexander Battle

CourtCourt of Appeals of Georgia
Docket No.A17A1753
DecidedFebruary 14, 2018
JudgesCourt of Appeals of Georgia
Tags
CriminalCriminal ProcedureEvidenceOther-Acts EvidencePreservation of ErrorVacaturRemandAppellate Procedure
Case Summary

The State appealed an order excluding other-acts evidence in Alexander Battle’s prosecution for armed robbery, aggravated assault, firearm offenses, burglary, and wearing a mask. The Georgia Court of Appeals held that the State’s direct appeal was partly authorized, but that the trial court had handled its evidentiary motion through an unusual procedure that deprived defense counsel of a timely opportunity to object. The prosecutor initially presented the evidence as intrinsic to the charged offenses and only later announced that the same proffer would also support a motion under Georgia’s other-acts statute. Because the trial court allowed the State to proceed on the second theory after the proffer had already been made, the court vacated that portion of the ruling and required a new hearing with a proper evidentiary foundation and an opportunity for defense objections. It dismissed the remainder of the State’s appeal. The judgment was vacated in part, remanded in part, and dismissed in part.

Opinion

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The State V. Alexander Battle — The Atlanta Gleaner