Legal Opinion · Concurring in part, dissenting in part

State v. Lucious

Supreme Court of Georgia

Decided June 14, 1999No. S99A0099Published

1Concurring in part, dissenting in partFletcher, Presiding Justice

*369Because the majority opinion interprets the discovery act as repealing by implication the defendant’s right to the state’s trial witness lists, scientific reports, and scientific work product, I dissent to division four.

1. The majority construes too narrowly the constitutional requirement that the defendant shall be furnished “a list of witnesses on whose testimony such charge is founded.” In Sutton v. State,4 we held that the constitutional right to be furnished a list of witnesses “is the right, on demand, to be furnished by the district attorney’s office, prior to arraignment, with the…

2Cases cited15 opinions

  1. Brady v. MarylandSupreme Court of the United States · 1963
  2. Giglio v. United StatesSupreme Court of the United States · 1972
  3. Roviaro v. United StatesSupreme Court of the United States · 1957
  4. Wall v. StateSupreme Court of Georgia · 1998
  5. Chandler v. StateSupreme Court of Georgia · 1991

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