Parker v. State

Nahmias, Justice.

We granted certiorari in this case to decide whether, under Georgia’s new Evidence Code, hearsay evidence is admissible in determining whether an out-of-state person is a material witness to a Georgia criminal proceeding under our State’s Uniform Act to Secure the Attendance of Witnesses from Without the State, OCGA § 24-13-90 et seq. (the “out-of-state witness act”). As explained below, we hold that a proceeding on a motion for issuance of a material witness certificate is a fact-finding proceeding to which the new evidence rules apply under OCGA § 24-1-2 (b), unless an…