State v. Otto Orr

Branch, Judge.

Following a jury trial in Floyd County Superior Court, Otto Orr was convicted of a single count each of family violence battery and cruelty to children in the third degree. Orr filed a motion for a new trial asserting, inter alia, that the trial court erred when it failed to declare a mistrial after the State *138 impermissibly commented on Orr's pre-arrest silence. After a hearing, the trial court granted Orr's motion. The State now appeals from that order, arguing that in light of Georgia's new Evidence Code, the law relied on by the lower court is no longer valid. We find no…