Legal Opinion
State v. Orr
Supreme Court of Georgia
Decided May 6, 2019No. S18G0994Published
1Opinion of the Court
305 Ga. 729
FINAL COPY S18G0994. THE STATE v. ORR. NAHMIAS, Presiding Justice. We granted a writ of certiorari in this case to determine whether Georgia’s new Evidence Code abrogates the categorical rule this Court announced in Division 5 of Mallory v. State,
261 Ga. 625
( 409 SE2d 839) (1991), which excludes evidence of a criminal defendant’s pre-arrest “silence or failure to come forward” to law enforcement on the ground that such evidence is always “far more prejudicial than probative.”
Id. at 630.1 As we explain below, the new Evidence Code, which took effect on January 1, 2013, precludes…
2Cases cited52 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- Miranda v. ArizonaSupreme Court of the United States · 1966
- Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
- Wong Sun v. United StatesSupreme Court of the United States · 1963
- Griffin v. CaliforniaSupreme Court of the United States · 1965
47 more not listed; retrieve them via the Exa API.