State v. Ross

Carley, Judge.

Appellee was indicted for two counts of violating the Georgia Controlled Substances Act. He filed a motion to suppress, attacking the affidavit upon which the warrant to search his house had been issued. Appellee also filed a Brady motion for disclosure of evidence favorable to his defense. A hearing on the motions was held on March 3, 1980. Both motions were granted. The state appeals the grant of appellee’s motion to suppress.

It is obvious from a reading of the transcript that the trial judge failed to confine the scope of the hearing to the issues raised by appellee’s Brady…