State v. Berky

Blackburn, Judge.

In State v. Berky, 214 Ga. App. 174 (447 SE2d 147) (1994), the trial court granted the defendant’s pre-trial motion to dismiss following the State’s announcement upon the call of the case that it could not proceed as the trial court had suppressed the videotape of the DUI arrest. The police officer had been killed and the State could not meet traditional foundational requirements for admission of the videotape. Upon the State’s appeal, we joined an overwhelming majority of states and adopted the silent witness theory for admission of videotapes in Georgia, reversing the trial…