Legal Opinion
Loder v. State
Court of Appeals of Georgia
Decided March 4, 1977No. 52683PublishedCited by 9 opinions
1Opinion of the Court
Marshall, Judge.
Our judgment in Loder v. State, 140 Ga. App. 166 (230 SE2d 124) was vacated on certiorari by the Supreme Court, and remanded for reconsideration by this court in view of Thornton v. State, 238 Ga. 160.
As we read the Thornton case, whenever the disclosure of an informer’s identity is raised by a Brady motion (Brady v. Maryland, 373 U. S. 83 (83 SC 1194, 10 LE2d 215)) the trial court must (1) conduct a hearing on the merits of the Brady motion (to wit: whether the state has evidence favorable to the accused that is material to guilt or punishment) and (2) consider the balancing…
2Cases cited4 opinions
- Brady v. MarylandSupreme Court of the United States · 1963
- Roviaro v. United StatesSupreme Court of the United States · 1957
- Thornton v. StateSupreme Court of Georgia · 1977
- Loder v. StateCourt of Appeals of Georgia · 1976
3Cited by9 opinions
- Stiggers v. StateCourt of Appeals of Georgia · 1979
- Bennett v. StateCourt of Appeals of Georgia · 1980
- People v. CattaneoCalifornia Court of Appeal · 1990
- Anderson v. StateCourt of Appeals of Georgia · 1980
- Royal v. StateCourt of Appeals of Georgia · 1981
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