section 24-10-26 notice to produce (Georgia) · Go Syfert
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section 24-10-26 notice to produce in Georgia

6 Georgia opinions name it 2 courts 1984–1995 0 in the last five years

The cases below were cited by Georgia courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (4)

CaseFollowedCited
Sims v. Stategreen
ga · 1984 · cited in 3 Georgia opinions naming this issue, 1986–1995
2 sentences

1991If we view appellant’s blanket request to produce liberally as an OCGA § 24-10-26 notice to produce, such a request “ ‘cannot be used to enable defense counsel to examine, in advance of trial or evidentiary hearing, the contents of the district attorney’s file.’ [Cit.] In a criminal case a notice to produce pursuant to OCGA § 24-10-26 . . . may compel the production of books, documents or tangible things in the State’s possession ‘where such books, etc., would be admissible and are needed for use as evidence on behalf of the defendant.’ [Cit.] (Emphasis supplied.)” Sims v. State, 251 Ga. 877,

1991If we view appellant’s blanket request to produce liberally as an OCGA § 24-10-26 notice to produce, such a request “ ‘cannot be used to enable defense counsel to examine, in advance of trial or evidentiary hearing, the contents of the district attorney’s file.’ [Cit.] In a criminal case a notice to produce pursuant to OCGA § 24-10-26 . . . may compel the production of books, documents or tangible things in the State’s possession ‘where such books, etc., would be admissible and are needed for use as evidence on behalf of the defendant.’ [Cit.] (Emphasis supplied.)” Sims v. State, 251 Ga. 877,

33
Brown v. Stategreen
ga · 1976 · cited in 2 Georgia opinions naming this issue, 1984–1986
2 sentences

1986In Sims v. State, 251 Ga. 877, 879-880 (4) ( 311 SE2d 161 ) (1984), we held that “[w]hile the notice to produce provisions of OCGA § 24-10-26 (Code Ann. § 38-801) are applicable to criminal cases, Brown v. State, 238 Ga. 98, 101 ( 231 SE2d 65 ) (1976), a ‘notice to produce cannot be used to enable defense counsel to examine, in advance of trial or evidentiary hearing, the contents of the district attorney’s file.’ Wilson v. State, 246 Ga. 62, 64-5 ( 268 SE2d 895 ) (1980).

1986In Sims v. State, 251 Ga. 877, 879-880 (4) ( 311 SE2d 161 ) (1984), we held that “[w]hile the notice to produce provisions of OCGA § 24-10-26 (Code Ann. § 38-801) are applicable to criminal cases, Brown v. State, 238 Ga. 98, 101 ( 231 SE2d 65 ) (1976), a ‘notice to produce cannot be used to enable defense counsel to examine, in advance of trial or evidentiary hearing, the contents of the district attorney’s file.’ Wilson v. State, 246 Ga. 62, 64-5 ( 268 SE2d 895 ) (1980).

22
Wilson v. Stategreen
ga · 1980 · cited in 2 Georgia opinions naming this issue, 1984–1986
2 sentences

1986In Sims v. State, 251 Ga. 877, 879-880 (4) ( 311 SE2d 161 ) (1984), we held that “[w]hile the notice to produce provisions of OCGA § 24-10-26 (Code Ann. § 38-801) are applicable to criminal cases, Brown v. State, 238 Ga. 98, 101 ( 231 SE2d 65 ) (1976), a ‘notice to produce cannot be used to enable defense counsel to examine, in advance of trial or evidentiary hearing, the contents of the district attorney’s file.’ Wilson v. State, 246 Ga. 62, 64-5 ( 268 SE2d 895 ) (1980).

1986In Sims v. State, 251 Ga. 877, 879-880 (4) ( 311 SE2d 161 ) (1984), we held that “[w]hile the notice to produce provisions of OCGA § 24-10-26 (Code Ann. § 38-801) are applicable to criminal cases, Brown v. State, 238 Ga. 98, 101 ( 231 SE2d 65 ) (1976), a ‘notice to produce cannot be used to enable defense counsel to examine, in advance of trial or evidentiary hearing, the contents of the district attorney’s file.’ Wilson v. State, 246 Ga. 62, 64-5 ( 268 SE2d 895 ) (1980).

22
Gilstrap v. Stategreen
ga · 1986 · cited in 1 Georgia opinions naming this issue, 1990–1990
2 sentences

1990The appellant contends that the trial court erred in admitting two photographs of the victim depicting the injuries she had sustained as a result of the assault, where the state had not supplied the photographs in response to his pre-trial notice to produce. “ Tn a criminal case a notice to produce pursuant to OCGA § 24-10-26 . . . may compel the production of books, documents or tangible things in the State’s possession “where such books, etc., would be admissible and are needed for use as evidence on behalf of the defendant.” [Cit.]’ Here, the [photographs] were used as evidence on behalf of

1990The appellant contends that the trial court erred in admitting two photographs of the victim depicting the injuries she had sustained as a result of the assault, where the state had not supplied the photographs in response to his pre-trial notice to produce. “ Tn a criminal case a notice to produce pursuant to OCGA § 24-10-26 . . . may compel the production of books, documents or tangible things in the State’s possession “where such books, etc., would be admissible and are needed for use as evidence on behalf of the defendant.” [Cit.]’ Here, the [photographs] were used as evidence on behalf of

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Georgia. Read the followed side critically anyway.

Also cited on this issue (1)

CaseCitedYears
Phillips v. State green
gactapp · 1978
2 sentences

1987The use of a notice to produce pursuant to OCGA § 24-10-26 would be inappropriate because that statute applies only to “books, writings, or other documents or tangible things in the possession, custody, or control of another party. . . .” See generally Phillips v. State, 146 Ga. App. 423 (5) ( 246 SE2d 438 ) (1978).

1987The use of a notice to produce pursuant to OCGA § 24-10-26 would be inappropriate because that statute applies only to “books, writings, or other documents or tangible things in the possession, custody, or control of another party. . . .” See generally Phillips v. State, 146 Ga. App. 423 (5) ( 246 SE2d 438 ) (1978).

11987–1987

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