Gregg v. the State

We are required to review the denial of Sharon Diane Gregg’s pretrial motion to compel compliance with a subpoena duces tecum “only for an abuse of discretion.” Lovell v. Ga. Trust Bank, 318 Ga. App. 860, 862 (1) (734 SE2d 847) (2012). Because I conclude that the trial court did not abuse its discretion in denying Gregg’s pretrial motion to compel, I respectfully dissent.

1. First, the nature of the information Gregg seeks from the pharmacy is to challenge a witness’ credibility; it is not relevant to Gregg’s guilt or innocence. See Tuttle v. State, 232 Ga. App. 530, 532-533 (2) (d) (502 SE2d…