Johnson v. State

Smith, Justice.

We granted certiorari in this case to consider whether the law as set forth in Baxter v. State, 254 Ga. 538, 548 (331 SE2d 561) (1985) was violated when the trial court refused the appellant’s motion to allow him to see writings that witnesses for the prosecution used to refresh their memories in the courtroom prior to testifying, but not while actually testifying. Johnson v. State, 190 Ga. App. 117 (378 SE2d 366) (1989). We reverse in part.

1. Some courts have recognized a right of access to writings that were used to refresh recollections during the course of a trial for over…