Legal Opinion · Dissent

Barrett v. Burnette

Court of Appeals of Georgia

Decided February 27, 2019No. A18A1705Published

1DissentMarkle, Judge

As the majority points out, we review a trial court's decision on a motion in limine for an abuse of discretion. In my view, the record reveals the trial court appropriately applied OCGA § 24-4-403 in considering the evidence. Therefore, I would respectfully dissent.

As an appellate court, we afford great deference to a trial court's evaluation and conclusions regarding the admissibility of evidence. Moss v. State, 298 Ga. 613, 618, 783 S.E.2d 652 (2016). In fact, we have observed that because the balancing test under OCGA § 24-4-403 is a

quintessentially fact-sensitive enterprise, and the…

2Cases cited5 opinions

  1. Moss v. StateSupreme Court of Georgia · 2016
  2. Williams v. the StateCourt of Appeals of Georgia · 2014
  3. Bentley v. AyersCourt of Appeals of Georgia · 1960
  4. Rivers v. K-Mart CorporationCourt of Appeals of Georgia · 2014
  5. Schwartz v. BrancheauCourt of Appeals of Georgia · 2010

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