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Call Now: 904-383-7448For the purpose of proving the existence of a criminal street gang and criminal gang activity, the commission, adjudication, or conviction of any offense enumerated in paragraph (1) of Code Section 16-15-3 by any member or associate of a criminal street gang shall be admissible in any trial or proceeding. Evidence offered under this Code section shall not be subject to the restrictions in paragraph (22) of Code Section 24-8-803.
(Code 1981, §16-15-9, enacted by Ga. L. 2006, p. 519, § 3/HB 1302; Ga. L. 2010, p. 230, § 5/HB 1015; Ga. L. 2016, p. 811, § 5/HB 874.)
The 2016 amendment, effective May 3, 2016, in the first sentence, substituted "For the purpose of proving the existence of a criminal street gang and criminal gang activity, the commission, adjudication, or conviction" for "The commission", deleted "for the purpose of proving the existence of the criminal street gang and criminal gang activity" following "proceeding" at the end, and added the second sentence.
- Ga. L. 2006, p. 519, § 7/HB 1302, not codified by the General Assembly, provided that this section shall be effective July 1, 2006, and shall be applicable to all crimes committed on or after such date, and also provided that: "Any offense committed before July 1, 2006, shall be punishable as provided by the statute in effect at the time the offense was committed."
- For annual survey on criminal law, see 68 Mercer L. Rev. 93 (2016).
O.C.G.A. § 16-15-9 was declared unconstitutional on the statute's face under the Sixth Amendment's confrontation clause to the extent that the statute authorized the admission of the convictions of non-testifying non-parties as evidence of a criminal street gang; the exclusion of other alleged gang members' convictions in the defendant's trial was upheld. State v. Jefferson, 302 Ga. 435, 807 S.E.2d 387 (2017).
- Trial court did not err by admitting into evidence the defendant's prior conviction for criminal street gang activity as the jury was instructed that the evidence could only be considered for the determination of whether the defendant was currently guilty of criminal gang activity, and not the remaining counts of the indictment. Brown v. State, 300 Ga. 446, 796 S.E.2d 283 (2017).
Trial court did not err in admitting evidence that several months prior to the incident in the current case, the defendant was in possession of one or two guns because the evidence of the incident was relevant to show that while a member of a gang the defendant committed a criminal offense involving possession of a weapon as the defendant was a convicted felon at the time of the prior incident. Lang v. State, 344 Ga. App. 623, 812 S.E.2d 16 (2018).
- Sufficient evidence, including expert testimony, supported the appellants' convictions because the evidence established that the appellants were associated with a criminal street gang and that the armed robbery and aggravated assault the appellants engaged in constituted criminal street gang activity and were intended to further the interests of the gang. Lupoe v. State, 300 Ga. 233, 794 S.E.2d 67 (2016).
Total Results: 10
Court: Supreme Court of Georgia | Date Filed: 2024-10-01
Snippet: (2017), which relied on Kirby to hold “that OCGA § 16-15-9[6] is unconstitutional on its face to the extent
Court: Supreme Court of Georgia | Date Filed: 2024-03-05
Snippet: evidence under OCGA § 16-15- 9. But the State has conceded that OCGA § 16-15-9 requires proof of gang
Court: Supreme Court of Georgia | Date Filed: 2021-10-05
Snippet: arising from it) was admissible under OCGA §§ 16-15-9 8 and 24-4- 418 (a)9 and, along with other evidence
Court: Supreme Court of Georgia | Date Filed: 2021-09-21
Snippet: trial court ruled that the prior 4 OCGA § 16-15-9 provides, in pertinent part: For the purpose
Court: Supreme Court of Georgia | Date Filed: 2021-09-08
Snippet: convictions of third-party gang members 5 under OCGA § 16-15-9. 6 See State v. Jefferson, 302 Ga. 435, 443 (807
Court: Supreme Court of Georgia | Date Filed: 2018-03-05
Citation: 811 S.E.2d 399
Snippet: admitted all of this evidence under former OCGA § 16-15-9, which-at the time of Anthony's trial-provided
Court: Supreme Court of Georgia | Date Filed: 2017-10-30
Citation: 302 Ga. 435, 807 S.E.2d 387
Snippet: to various gang *436members1 pursuant to OCGA § 16-15-9.2 That statute, as amended, provides: For the purpose
Court: Supreme Court of Georgia | Date Filed: 2017-01-23
Citation: 300 Ga. 446, 796 S.E.2d 283, 2017 WL 279532, 2017 Ga. LEXIS 29
Snippet: conviction was admitted pursuant to former OCGA § 16-15-9,4 which provided: The commission of any offense
Court: Supreme Court of Georgia | Date Filed: 2016-11-21
Citation: 300 Ga. 233, 794 S.E.2d 67
Snippet: a similar contention on the ground that OCGA § 16-15-9 provides that “(t)he commission of any offense
Court: Supreme Court of Georgia | Date Filed: 2016-04-26
Citation: 298 Ga. 878, 785 S.E.2d 510, 2016 WL 1627959, 2016 Ga. LEXIS 308
Snippet: street gang and criminal gang activity.” OCGA § 16-15-9. This provision, however, does no more than clarify