Statev.Javaris Brown, et al.
The State appealed two pretrial evidentiary rulings in docket A15A0456 and directed verdicts of acquittal entered for Javaris Brown, Meyetta King, and Kevin Rouse in companion docket A15A0457. The Court of Appeals held that the State’s notice of appeal and the prosecutor’s certification invoked appellate jurisdiction, leaving the trial court without authority to proceed before remittitur; it therefore vacated the acquittals. In A15A0456, the court reversed the exclusion of evidence seized under a search warrant because the State’s failure to produce an investigator’s informal notes was not shown to violate the Criminal Procedure Discovery Act. It affirmed exclusion of the proposed prior-drug-acts evidence because the State’s proffer linked the acts to the charged offenses only through an impermissible propensity inference under OCGA § 24-4-404(b). The evidentiary rulings were thus affirmed in part and reversed in part, while the acquittals in the companion appeal were vacated. Judge Dillard concurred fully in Divisions 1 and 2 and in the judgment only in Division 3, explaining that Division 3 should not be cited as binding precedent; Judge McFadden concurred and criticized the avoidable procedural course that led to the unauthorized trial.
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