State v. Miller

680 S.E.2d 627 (2009)

The STATE

v.

MILLER.

No. A09A0086.

Court of Appeals of Georgia.

June 29, 2009.

Donald J. Porter, Dist. Atty., William C. Akins, Asst. Dist. Atty., for appellant.

Jack E. Harrell Jr., Lawrenceville, Sharon L. Hopkins, Augusta, for appellee.

PHIPPS, Judge.

The state appeals an order of the Superior Court of Gwinnett County dismissing two counts of a five-count indictment against Omar Miller based on the state's destruction of potentially exculpatory evidence. Initially, the court announced that it would give the jury a remedial instruction on spoliation of evidence rather than grant…