State v. Andrade, 782 S.E.2d 665 (Ga. 2016). · Go Syfert
State v. Andrade, 782 S.E.2d 665 (Ga. 2016). Cases Citing This Book View Copy Cite
74 citation events (74 in the last 25 years) across 2 distinct courts.
Strongest positive: State v. Charles E. Hatley (gactapp, 2022-10-26)
Treatment trajectory · 2016 → 2026 · click a year to view as-of
2016 2021 2026
Top citers, strongest first. 14 distinct citers. How cited ↗
discussed Cited as authority (quoted) State v. Charles E. Hatley (2×) also: Cited as authority (rule)
Ga. Ct. App. · 2022 · quote attribution · 1 verbatim quote · confidence low
ocga 5-7-1 (a) (5) is . . . understood to authorize appeals from orders excluding evidence other than the evidence with which ocga 5-7-1 (a) (4) is concerned.
discussed Cited as authority (quoted) State v. Abby M. Hatley (2×) also: Cited as authority (rule)
Ga. Ct. App. · 2022 · quote attribution · 1 verbatim quote · confidence low
ocga 5-7-1 (a) (5) is . . . understood to authorize appeals from orders excluding evidence other than the evidence with which ocga 5-7-1 (a) (4) is concerned.
examined Cited as authority (rule) State v. Brantley (8×) also: Cited "see", Cited "see, e.g."
Ga. · 2025 · confidence medium
Additionally, the State did not include the certifications required by OCGA § 5-7-1 (a) (5) (B). 4 OCGA § 5-7-1 (a) (4) provides that the State may appeal “[f]rom an order, decision, or judgment suppressing or excluding evidence illegally seized . . . in the case of motions made and ruled upon prior to the impaneling of a jury or the defendant being put in jeopardy, whichever occurs first[.]” This Court repeatedly has held that subsection (a) (4) authorizes the State to appeal from orders suppressing or excluding evidence on the basis that “it was obtained by unlawful means.” See Sta…
examined Cited as authority (rule) State v. Marty Dustin Whitman (5×) also: Cited "see", Cited "see, e.g."
Ga. Ct. App. · 2023 · confidence medium
So, we must first consider whether the State’s appeal satisfies the criteria delineated in OCGA § 14 OCGA § 5-7-1 (a) (4) (emphasis supplied). 15 OCGA § 5-7-1 (a) (5) (emphasis supplied). 16 State v. Petty, 362 Ga. App. 825 , 828-29 ( 870 SE2d 241 ) (2022) (punctuation omitted); see Andrade, 298 Ga. at 467 (“An appeal from . . . an order [suppressing evidence of an involuntarily given statement] is not authorized by OCGA § 5-7-1 (a) (5), which is concerned instead with evidence excluded on other grounds, such as evidence excluded pursuant to general rules of evidence.”), abrogated on…
discussed Cited as authority (rule) State v. Marquis Orlandis Carswell
Ga. Ct. App. · 2023 · confidence medium
Corp. v. Loudermilk, 305 Ga. 558, 562 (1) ( 826 SE2d 116 ) (2019). “[W]hen we consider the meaning of a statute, we must view the statutory text in the context in which it appears, and we must read the statutory text 6 in its most natural and reasonable way, as an ordinary speaker of the English language would.” (Citation and punctuation omitted.) State v. Andrade, 298 Ga. 464, 466 ( 782 SE2d 665 ) (2016).”For context, we may look to other provisions of the same statute, the structure and history of the whole statute, and the other law — constitutional, statutory, and common law alike …
discussed Cited as authority (rule) State v. Ashley Rodriguez
Ga. Ct. App. · 2019 · confidence medium
Unlike other parties in a case, “[t]he State is permitted to take appeals in criminal cases only to the extent expressly authorized by statute.” State v. Andrade, 298 Ga. 464, 464 ( 782 SE2d 665 ) (2016).
cited Cited as authority (rule) State v. Philpot
Ga. · 2016 · confidence medium
See OCGA § 5-7-1 (a) (4); State v. Andrade, 298 Ga. 464, 467 ( 782 SE2d 665 ) (2016).
discussed Cited "see" State v. Thomas G. Petty (2×)
Ga. Ct. App. · 2022 · signal: see · confidence high
See State v. Andrade, 298 Ga. 464, 466-467 ( 782 SE2d 665 ) (2016) (clarifying that read in context with OCGA § 5-7-1 (a) (4), the “other evidence” referred to in OCGA § 5-7-1 (a) (5) “is most naturally and reasonably understood to authorize appeals from orders excluding evidence other than the evidence with which OCGA § 5-7-1 (a) (4) is concerned,” thus “[a]n appeal from [an order suppressing evidence pursuant to OCGA § 5-7-1 (a) (4)] is not authorized by OCGA § 5-7-1 (a) 7 (5), which is concerned instead with evidence excluded on other grounds, such as evidence excluded pursua…
discussed Cited "see" The State v. Battle. (2×)
Ga. Ct. App. · 2018 · signal: see · confidence high
See Andrade , 298 Ga. at 466 , 782 S.E.2d 665 .
discussed Cited "see" State v. Eugene Hunter (2×)
Ga. Ct. App. · 2017 · signal: see · confidence high
See State v. Andrade, 298 Ga. 464, 464 ( 782 SE2d 665 ) (2016).
discussed Cited "see" The State v. Spriggs (2×)
Ga. Ct. App. · 2016 · signal: see · confidence high
See State v. Andrade, 298 Ga. 464, 466-467 ( 782 SE2d 665 ) (2016). 3 Compare Baughns v. State, 335 Ga. App. 600, 602 (1) ( 782 SE2d 494 ) (2016) (“ ‘evidence is intrinsic to the charged offense, and thus does not fall within Rule 404 (b)’s ambit, if it (1) arose out of the same transaction or series of transactions as the charged offense; (2) is necessary to complete the story of the crime; or (3) is inextricably intertwined with the evidence regarding the charged offense’ ”) (quoting United States v. Nowak, 370 Fed.
examined Cited "see, e.g." State v. Flowers (4×)
Ga. · 2025 · signal: see also · confidence medium
See also State v. Andrade, 298 Ga. 464, 467 (782 SE2d 665) (2016) (noting that subsection OCGA § 5-7-1 (a) (5) governs evidence excluded “pursuant to general rules of evidence”) (cleaned up). 3 which Flowers later admitted he used in the shooting.
discussed Cited "see, e.g." State v. Rosenbaum (2×)
Ga. · 2019 · signal: see, e.g. · confidence low
See, e.g., Andrade , 298 Ga. at 464 , 782 S.E.2d 665 , citing State v. Cash , 298 Ga. 90 , 91 (1) (a), 779 S.E.2d 603 (2015).
cited Cited "see, e.g." State v. ROSENBAUM
Ga. · 2019 · signal: see, e.g. · confidence low
See, e.g., Andrade, 298 Ga. at 464 , citing State v. Cash, 298 Ga. 90, 91 (1) (a) ( 779 SE2d 603 ) (2015).
Retrieving the full opinion text from the archive…
The State
v.
Andrade
S15G0866.
Supreme Court of Georgia.
Feb 8, 2016.
782 S.E.2d 665
Richard L. Perryman III, District Attorney, Rebekah M. Ditto, Assistant District Attorney, for appellant., John W. Strickland, Jr., for appellee.
Blackwell.
Cited by 22 opinions  |  Published
1 passages pin-cited by 2 cases
Pinpoint authority: #41,781 of 633,719
Citer courts: Court of Appeals of Georgia (2)
Blackwell, Justice.

After an Atkinson County grand jury indicted Aram Andrade for rape and burglary, he moved to suppress evidence of statements that he had made to law enforcement officers. Following a Jackson- Denno [1] hearing, and before any trial commenced, the trial court granted this motion in part, finding that one of the statements was involuntary. Seventeen days later, the State filed a notice of appeal. The Court of Appeals, however, dismissed the appeal as untimely, finding that the State had attempted to bring its appeal under OCGA § 5-7-1 (a) (5), which requires that a notice of appeal be filed within two days of the order or judgment from which the appeal is taken. See State v. Andrade, 330 Ga. App. 549 (768 SE2d 525) (2015). Contending that it instead had brought its appeal under OCGA § 5-7-1 (a) (4), pursuant to which it had thirty days to file a notice of appeal, the State filed a petition in our Court for a writ of certiorari. We granted the petition, and we now reverse the decision of the Court of Appeals and remand for further proceedings consistent with this opinion.

The State is permitted to take appeals in criminal cases only to the extent expressly authorized by statute. See State v. Cash, 298 Ga. 90, 91 (1) (a) (779 SE2d 603) (2015). For more than forty years, our statutory law has authorized the State to appeal from a pretrial order suppressing evidence on the ground that it was obtained unlawfully, [2] and as early as 1977, our Court of Appeals recognized that this authorization permits an appeal from an order suppressing evidence of a statement given by the accused to law enforcement on the ground that the statement was involuntary. See State v. Watson, 143 Ga. App. 785, 786-787 (2) (240 SE2d 194) (1977), overruled in part on other grounds, State v. Strickman, 253 Ga. 287, 288 (319 SE2d 864) (1984). Since then, this Court and the Court of Appeals both have looked[*465] repeatedly to this statutory authorization as a proper basis for appeals by the State from orders suppressing such evidence on the ground that it was obtained by unlawful means. See, e.g., Brown v. State, 290 Ga. 865, 867-868 (1) (725 SE2d 320) (2012); State v. Lynch, 286 Ga. 98, 99 (686 SE2d 244) (2009); State v. Sammons, 283 Ga. 364, 364 (659 SE2d 598) (2008); State v. Davison, 280 Ga. 84, 85 (1) (623 SE2d 500) (2005); State v. Nash, 279 Ga. 646, 648 (1) (619 SE2d 684) (2005); State v. Austin, 310 Ga. App. 814, 816, n. 4 (714 SE2d 671) (2011); State v. Stone, 304 Ga. App. 695, 696, n. 11 (697 SE2d 852) (2010); State v. Stanfield, 290 Ga. App. 62, 63 (1) (658 SE2d 837) (2008). Today, this statutory authorization is found in OCGA § 5-7-1 (a) (4), which provides in pertinent part that the State may appeal

[f]rom an order, decision, or judgment suppressing or excluding evidence illegally seized ... in the case of motions made and ruled upon prior to the impaneling of a jury or the defendant being put in jeopardy, whichever occurs first[.]

When the State is entitled to take an appeal under OCGA § 5-7-1 (a) (4), it may do so by filing a notice of appeal within thirty days of the entry of the order from which the appeal is taken. [3]

Here, the State sought to appeal from an order suppressing evidence of a statement made by the accused to law enforcement on the ground that the statement was involuntary. The State filed its notice of appeal well within thirty days of the entry of that order. And the State even identified OCGA § 5-7-1 (a) (4) explicitly in its notice of appeal as the basis for its appeal. The Court of Appeals, however, concluded that the appeal was untimely. Along the way to that conclusion, the Court of Appeals explained that an appeal from an order “granting [a] motion to suppress ... incriminating statements on the basis that the statements were involuntary” is no longer authorized by OCGA § 5-7-1 (a) (4), but now is authorized instead by OCGA § 5-7-1 (a) (5). See Andrade, 330 Ga. App. at 549 & n. 1. If the Court of Appeals were right about that, it would follow that the appeal in this case was untimely, inasmuch as a notice of appeal under OCGA § 5-7-1 (a) (5) must be filed within two days of the order from which the appeal is taken. See OCGA § 5-7-1 (a) (5) (A).

[*466] Enacted in 2013, OCGA § 5-7-1 (a) (5) authorizes the State to appeal from certain pretrial orders excluding “any other evidence to be used by the state at trial.” [4] In a footnote to its opinion, the Court of Appeals said that the order in this case from which the State sought to appeal was one that “excludes ‘other evidence’ and, therefore, comes within the ambit of OCGA § 5-7-1 (a) (5).” Andrade, 330 Ga. App. at 549, n. 1. That statement, however, reflects a misunderstanding of the statute. As we have explained before, when we consider the meaning of a statute, “we must view the statutory text in the context in which it appears, and we must read the statutory text in its most natural and reasonable way, as an ordinary speaker of the English language would.” Deal v. Coleman, 294 Ga. 170, 172-173 (1) (a) (751 SE2d 337) (2013) (citations omitted). “Other” is an adjective that distinguishes its noun head — here, “evidence” — from some antecedent. See American Heritage Dictionary (3rd ed. 1992), p. 1282 (defining “other” as “[different from that or those implied or specified”). The only antecedent reference in OCGA § 5-7-1 to “evidence” is in OCGA § 5-7-1 (a) (4). [6] Read in context, therefore, OCGA § 5-7-1 (a) (5) is most naturally and reasonably understood to authorize appeals from orders excluding evidence other than the evidence with which OCGA § 5-7-1 (a) (4) is concerned. Accordingly, one cannot properly determine that an appeal from an order excluding evidence must be brought pursuant to OCGA § 5-7-1 (a) (5) without first ascertaining that it could not be brought under OCGA § 5-7-1 (a) (4). And as we have explained already, for nearly forty years, both this Court and the Court of Appeals have acknowledged repeatedly that an appeal from an order suppressing a statement on the ground that it was involuntary or otherwise obtained by unlawful means is properly brought under OCGA § 5-7-1 (a) (4).

As we understand it, the Court of Appeals appears to have thought that these precedents were somehow abrogated in 2013[*467] when the General Assembly amended OCGA § 5-7-1 to add paragraph (a) (5). But the enactment of OCGA § 5-7-1 (a) (5) did not in any way diminish the scope of OCGA § 5-7-1 (a) (4). In the first place, the 2013 legislation did not change a single word in OCGA § 5-7-1 (a) (4). [6] See Zaldivar v. Prickett, 297 Ga. 589, 591 (1) (774 SE2d 688) (2015) (“a statute draws its meaning from its text”) (citation and punctuation omitted). Moreover, the preamble to the 2013 legislation is explicit that the Act was intended “to provide the [S]tate with more direct appeals rights.” Ga. L. 2013, p. 222 (preamble) (emphasis supplied). See also Spalding County Bd. of Elections v. McCord, 287 Ga. 835, 837 (1) (B) (700 SE2d 558) (2010) (“[although a preamble is not a part of the act and therefore cannot control over its plain meaning, it may be considered as evidence of the meaning of an ambiguous, codified law”) (citations omitted). There is nothing in the 2013 legislation that suggests any limitation of the previously settled scope of OCGA § 5-7-1 (a) (4). Indeed, even since the effective date of the 2013 legislation, our Court has continued to pointto OCGA § 5-7-1 (a) (4) as a proper basis for appeals by the State from orders that suppress statements given by the accused to law enforcement officers. See, e.g., State v. Chulpayev, 296 Ga. 764, 770 (1), n. 3 (770 SE2d 808) (2015).

Just as it did before the enactment of OCGA § 5-7-1 (a) (5), OCGA § 5-7-1 (a) (4) authorizes the State to take appeals from pretrial orders that suppress or exclude “evidence on the ground that it was obtained in violation of law.” Strickman, 253 Ga. at 288. A pretrial order suppressing evidence of a statement on the ground that it was involuntary is such an order. See Stanfield, 290 Ga. App. at 63 (1). An appeal from such an order is not authorized by OCGA § 5-7-1 (a) (5), which is concerned instead with evidence excluded on other grounds, such as evidence excluded pursuant to general rules of evidence. Cf. Lynch, 286 Ga. at 102 (2) (OCGA § 5-7-1 (a) (4) does not authorize appeal from an order excluding “evidence based upon some general rule of evidence”) (citation and punctuation omitted). The Court of Appeals was mistaken when it concluded that the appeal in this case was subject to OCGA § 5-7-1 (a) (5), andit erred whenit dismissed the appeal. The judgment of the Court ofAppeals is reversed, and the case is remanded for the Court of Appeals to address the merits of the appeal. [7]

[*468] 330 Ga.App. 549. Decided February 8, 2016. Richard L. Perryman III, District Attorney, Rebekah M. Ditto, Assistant District Attorney, for appellant. John W. Strickland, Jr., for appellee.

Judgment reversed and case remanded with direction.

All the Justices concur.
1

See Jackson v. Denno, 378 U. S. 368 (84 SCt 1774, 12 LE2d 908) (1964).

2

See Ga. L. 1973, p. 297 (State may appeal, “[i]n the case of motions made and ruled upon prior to the empanelling of a jury, from an order, decision, or judgment sustaining a motion to suppress evidence illegally seized”).

3

An appeal under OCGA § 5-7-1 (a) (4) is “governed by the same laws and provisions as to time and other procedures as apply to other appellants in criminal cases.” OCGA § 5-7-4. Accordingly, the appeal is taken by filing a notice of appeal, OCGA § 5-6-37, and the notice must be filed within thirty days “after entry of the appealable decision or judgment complained of.” OCGA § 5-6-38 (a).

4

In full, OCGA § 5-7-1 (a) (5) provides for appeals by the State:

From an order, decision, or judgment excluding any other evidence to be used by the state at trial on any motion filed by the state or defendant at least 30 days prior to trial and ruled on prior to the impaneling of a jury or the defendant being put in jeopardy, whichever occurs first, if:
(A) Notwithstanding the provisions of Code Section 5-6-38, the notice of appeal filed pursuant to this paragraph is filed within two days of such order, decision, or judgment; and
(B) The prosecuting attorney certifies to the trial court that such appeal is not taken for purpose of delay and that the evidence is a substantial proof of a material fact in the proceeding]!]
6

This is because OCGA § 5-7-1 (a) (l)-(3) are not concerned with appeals from orders dealing with “evidence.”

6

Compare Ga. L. 2013, p. 222, § 1, with Ga. L. 2006, p. 379, § 3.

7

We also overrule State v. Jackson, 332 Ga. App. 356 (772 SE2d 804) (2015) — a case decided by our Court ofAppeals four months after Andrade — to the extent it holds that the State has a right to appeal from an order excluding evidence of an allegedly involuntary statement under OCGA § 5-7-1 (a) (5), rather than under OCGA § 5-7-1 (a) (4).