Exclusion of admissions and communications among grand jurors
✓ O.C.G.A. (archive.org 2024 item): print volumes of 2004-2024, per-volume vintage; older volumes partly replaced by 2019 Release 73 text; no 2025 or 2026 Acts
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
Disclosure when necessary in court. - Although O.C.G.A. § 15-12-72 apparently makes an exception to O.C.G.A. § 15-12-73 by providing that grand jurors shall disclose everything which occurs in their service whenever it becomes necessary in any court of record in Georgia since the trial court apparently did not find such disclosure was necessary to resolve the issue before the grand jury, the trial court did not err by sustaining the state's objection to questions as to what transpired while the grand jury was in session. Womble v. State, 183 Ga. App. 727, 360 S.E.2d 271 (1987).
RESEARCH REFERENCES
ALR. - Discovery, in civil proceeding, of records of criminal investigation by state grand jury, 69 A.L.R.4th 298.
Notes of Decisions
Cited in 5
cases, 1987–2008 · leading case: Kennedy v. State, 421 S.E.2d 560 (Ga. Ct. App. 1992).
Kennedy v. State, 421 S.E.2d 560 (Ga. Ct. App. 1992). · cites it 6דKennedy contends the trial court committed reversible error by denying his oral motion in limine and allowing the State to present the testimony of a woman who served on the first grand jury that indicted Kennedy in September 1990, without showing a necessity therefor in…”
In re Gwinnett Cnty. Grand Jury, 668 S.E.2d 682 (Ga. 2008). · cites it 2דAs a matter of public policy, admissions and communications among grand jurors are excluded as evidence (OCGA § 15-12-73) and the stenographer “shall be incompetent to testify” concerning any matter learned while in attendance upon the grand jury.”
In re Floyd Cnty. Grand Jury Presentments, 484 S.E.2d 769 (Ga. Ct. App. 1997). · cites it 2דThe first enumeration of error is that the trial court failed to expunge the entirety of that portion of the Floyd County Grand Jury Presentment for the May Term which related to the “Attorney General’s Investigation” in that the remaining portion of the report concerned the…”
Decatur Cnty. v. Bainbridge Post Searchlight, Inc., 632 S.E.2d 113 (Ga. 2006). · cites it 4דRather, the statute makes a specific provision for the publication of presentments done at the behest and under the approval of a judge.”
Womble v. State, 360 S.E.2d 271 (Ga. Ct. App. 1987). · cites it 2דFirst, OCGA § 15-12-73 provides: “Admissions and communications among grand jurors are excluded as evidence on grounds of public policy.”
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