State v. Miller

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 Miller’s motion to dismiss, because it did not appear that the state had acted in bad faith in destroying the evidence. Upon concluding, however, that such an instruction is not available in a criminal case, the court upon reconsideration found that…