Miller v. State

I agree with all that is said in Divisions 2, 3, and 4 of the majority opinion. I also agree with the holding in Division 1 that the appellant was not entitled to examine the materials which had been reviewed by one of the state’s expert witnesses prior to his taking the stand. However, for what it is worth, I disagree with the majority’s evident conclusion that Caviness v. State, 180 Ga. App. 792 (3) (350 SE2d 813) (1986), would have mandated a different result.

The majority reads Caviness as having held that a criminal defendant has the right to review “any and all . . . materials which a…