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2018 Georgia Code 17-20-3 | Car Wreck Lawyer

TITLE 17 CRIMINAL PROCEDURE

Section 20. Identification Procedures for Live Lineups, Photo Lineups, and Showups, 17-20-1 through 17-20-3.

ARTICLE 2 MISDEMEANOR CASES

17-20-3. Effect of failure to comply with requirements of this chapter.

The court may consider the failure to comply with the requirements of this chapter with respect to any challenge to an identification; provided, however, that such failure shall not mandate the exclusion of identification evidence.

(Code 1981, §17-20-3, enacted by Ga. L. 2015, p. 1046, § 4/SB 94.)

RESEARCH REFERENCES

ALR.

- Criminal defendant's age or height as factor in determination of whether circumstances of witness's identification of defendant in photographic array shown by police to witness were impermissibly suggestive as matter of federal constitutional law, 102 A.L.R.6th 365.

Cases Citing Georgia Code 17-20-3 From Courtlistener.com

Total Results: 8

Mitchell v. State

Court: Supreme Court of Georgia | Date Filed: 2025-01-28

Citation: 911 S.E.2d 607, 320 Ga. 673

Snippet: not require exclusion. See OCGA §§ 17-20-2 (b); 17- 20-3 (“The court may consider the failure to comply

Eleby v. State

Court: Supreme Court of Georgia | Date Filed: 2024-06-11

Citation: 903 S.E.2d 64, 319 Ga. 234

Snippet: with the adoption of OCGA §§ 17-20-1 through 17-20-3, “the Georgia General Assembly has prioritized

Harris v. State

Court: Supreme Court of Georgia | Date Filed: 2022-05-03

Citation: 872 S.E.2d 732, 313 Ga. 653

Snippet: Kirkland, 310 Ga. at 741-742 (2) (a) (citing OCGA § 17-20-3). 15 impermissibly

Anderson v. State

Court: Supreme Court of Georgia | Date Filed: 2022-02-15

Citation: 869 S.E.2d 401, 313 Ga. 178

Snippet: (2) (a) (854 SE2d 508) (2021); see also OCGA § 17-20-3. 23 a surgical

Kirkland v. State

Court: Supreme Court of Georgia | Date Filed: 2021-02-01

Citation: 854 S.E.2d 508, 310 Ga. 738

Snippet: does not require automatic exclusion. See OCGA § 17-20-3 (“The court may consider the failure 4

Roseboro v. State

Court: Supreme Court of Georgia | Date Filed: 2020-04-06

Citation: 841 S.E.2d 706, 308 Ga. 428

Snippet: exclusion of Ellison’s identification. See OCGA § 17-20-3 (“The court may consider the failure to comply

Curry v. State

Court: Supreme Court of Georgia | Date Filed: 2019-02-04

Snippet: Criminal Procedure Code, OCGA §§ 17-20-1 through 17-20-3, effective July 1, 2016, which requires any law

Curry v. State

Court: Supreme Court of Georgia | Date Filed: 2019-02-04

Citation: 823 S.E.2d 758, 305 Ga. 73

Snippet: Criminal Procedure Code, OCGA §§ 17-20-1 through 17-20-3, effective July 1, 2016, which requires any law