Thompson v. the State

Because the store shoplifting report relied upon by the prosecution was prepared in anticipation of litigation, the trial court erred in admitting it under the business record exception to hearsay. And admission of the shoplifting report harmed Thompson because it provided the only evidence of the value of the items stolen from the store to support his felony shoplifting conviction. We therefore should *217reverse Thompson’s conviction for felony shoplifting. Because the majority concludes otherwise, I respectfully dissent to Division 1 of the majority opinion.9

Under Georgia’s new Evidence Code,…