Greenway v. State

Although concurring with the majority opinion, I wish to emphasize the trial court’s error in ruling that if the defense expert witness assisted defense counsel during cross-examination of the State’s witnesses, that expert would not be permitted to testify. As explained by the majority opinion, OCGA § 24-9-61 generally requires examination of a party’s own witnesses out of the hearing of each other, upon invocation of the rule by the other party; it does not prohibit one party’s witness hearing the testimony of the other party’s witnesses. See Stevens v. State, 247 Ga. 698, 702 (6) (278 SE2d…