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2018 Georgia Code 15-11-541 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 15-11-541 Case Law from Google Scholar Amendments to OCGA 15-11-541

TITLE 15 COURTS

Section 11. Juvenile Code, 15-11-1 through 15-11-747.

ARTICLE 6 DELINQUENCY

15-11-541. Discovery procedures.

  1. Except as limited by subsection (d) of Code Section 15-11-542, in all cases in which a child is charged with having committed a delinquent act, such child shall, upon filing a motion for discovery with the court and serving a copy of the motion to the prosecuting attorney, have full access to the following for inspection, copying, or photographing:
    1. A copy of the complaint;
    2. A copy of the petition for delinquency;
    3. The names and last known addresses and telephone numbers of each witness to the occurrence which forms the basis of the charge;
    4. A copy of any written statement made by such child or any witness that relates to the testimony of a person whom the prosecuting attorney intends to call as a witness;
    5. A copy of any written statement made by any alleged coparticipant which the prosecuting attorney intends to use at a hearing;
    6. Transcriptions, recordings, and summaries of any oral statement of such child or of any witness, except attorney work product;
    7. Any scientific or other report which is intended to be introduced at the hearing or that pertains to physical evidence which is intended to be introduced;
    8. Photographs and any physical evidence which are intended to be introduced at the hearing; and
    9. Copies of the police incident report and supplemental report, if any, regarding the occurrence which forms the basis of the charge.
  2. The prosecuting attorney shall disclose all evidence, known or that may become known to him or her, favorable to such child and material either to guilt or punishment.
  3. If a child requests disclosure of information pursuant to subsection (a) of this Code section, it shall be the duty of such child to promptly make the following available for inspection, copying, or photographing to the prosecuting attorney:
    1. The names and last known addresses and telephone numbers of each witness to the occurrence which forms the basis of the defense;
    2. Any scientific or other report which is intended to be introduced at the hearing or that pertains to physical evidence which is intended to be introduced;
    3. Photographs and any physical evidence which he or she intends to introduce at the hearing; and
    4. A copy of any written statement made by any witness that relates to the testimony of a person whom the child intends to call as a witness.
  4. A request for discovery or reciprocal discovery shall be complied with promptly and not later than 48 hours prior to the adjudication hearing, except when later compliance is made necessary by the timing of the request. If the request for discovery is made fewer than 48 hours prior to the adjudication hearing, the discovery response shall be produced in a timely manner.
  5. Any material or information furnished to a child pursuant to a discovery request shall remain in the exclusive custody of such child and shall only be used during the pendency of the case and shall be subject to such other terms and conditions as the court may provide.

(Code 1981, §15-11-541, enacted by Ga. L. 2013, p. 294, § 1-1/HB 242.)

Law reviews.

- For article, "The Prosecuting Attorney in Georgia's Juvenile Courts," see 13 Ga. St. B. J. 27 (2008).

JUDICIAL DECISIONS

Editor's notes.

- In light of the similarity of the statutory provisions, decisions under pre-2014 Code Section 15-11-75, which was subsequently repealed but was succeeded by provisions in this Code section, are included in the annotations for this Code section. See the Editor's notes at the beginning of the chapter.

No Brady violation shown.

- In a juvenile proceeding wherein the juvenile was adjudicated delinquent as a result of a battery against a schoolmate on a school bus, the trial court did not err in allegedly failing to enforce the discovery provisions of former O.C.G.A. § 15-11-75(a)(7) (see now O.C.G.A. § 15-11-541) and in allegedly failing to remedy a Brady violation because the videotape at issue was not in the custody and control of the State of Georgia; the juvenile could have obtained the evidence had the juvenile simply subpoenaed the video prior to trial and, significantly, the unrebutted evidence of record established that the videotape lacked any exculpatory or evidentiary value since the videotape was blank. In the Interest of E.J., 283 Ga. App. 648, 642 S.E.2d 179 (2007) (decided under former O.C.G.A. § 15-11-75).

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