The Statev.Ledbetter (And Vice Versa)
John Ledbetter was charged with murders arising from two shootings. Before trial, the State challenged an order suppressing information that Ledbetter’s former lawyer gave investigators, while Ledbetter cross-appealed the denial of his challenge to warrants for cell-phone records. The Supreme Court of Georgia affirmed both orders. It held that the former lawyer’s communications and related physical evidence were protected by attorney-client privilege on the record presented. It also held that the warrants for the phone records lacked probable cause, but that Georgia’s statutory exclusionary rule did not permit the particular good-faith exception urged by Ledbetter. A concurrence argued that the court should overrule the remaining Georgia precedent requiring exclusion and adopt the federal good-faith approach. The majority left that broader question unresolved.
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