State v. Otto Orr

Gobeil, Judge.

Following his conviction for family violence battery and cruelty to children in the third degree, Otto 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 impermissibly commented on Orr's pre-arrest silence. The trial court granted Orr's motion, finding that the exclusionary rule articulated by the Supreme Court of Georgia in Mallory v. State , 1 261 Ga. 625 , 409 S.E.2d 839 (1991), overruled on other grounds, Clark v. State , 271 Ga. 6 , 9-10, 515 S.E.2d 155 (1999), required that Orr receive…