Legal Opinion
State v. Orr
Supreme Court of Georgia
Decided May 6, 2019No. S18G0994PublishedCited by 79 opinions
1Opinion of the Court
Nahmias, Presiding Justice.
*894**729We granted a writ of certiorari in this case to determine whether Georgia's new Evidence Code abrogates the categorical rule this Court announced in Division 5 of Mallory v. State , 261 Ga. 625, 409 S.E.2d 839 (1991), which excludes evidence of a criminal defendant's pre-arrest "silence or failure to come forward" to law enforcement on the ground that such evidence is always "far more prejudicial than probative." Id. at 630, 409 S.E.2d 839.1 As we explain below, the new Evidence Code, which took effect on January 1, 2013, precludes courts from promulgating or…
2Cases cited54 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- Miranda v. ArizonaSupreme Court of the United States · 1966
- Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
- Wong Sun v. United StatesSupreme Court of the United States · 1963
- Griffin v. CaliforniaSupreme Court of the United States · 1965
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3Cited by79 opinions
- State v. LaneSupreme Court of Georgia · 2020
- Collier v. StateSupreme Court of Georgia · 2019
- Venturino v. StateSupreme Court of Georgia · 2019
- Westbrook v. StateSupreme Court of Georgia · 2020
- Rowland v. StateSupreme Court of Georgia · 2019
74 more not listed; retrieve them via the Exa API.