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2018 Georgia Code 24-4-418 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 24-4-418 Case Law from Google Scholar Amendments to OCGA 24-4-418

TITLE 24 EVIDENCE

Section 4. Relevant Evidence and its Limits, 24-4-401 through 24-4-418.

ARTICLE 2 LEGISLATIVE FACTS; ORDINANCES OR RESOLUTIONS

24-4-418. Admissibility of criminal gang activity, disclosure.

  1. In a criminal proceeding in which the accused is accused of conducting or participating in criminal gang activity in violation of Code Section 16-15-4, evidence of the accused's commission of criminal gang activity, as such term is defined in Code Section 16-15-3, shall be admissible and may be considered for its bearing on any matter to which it is relevant.
  2. In a proceeding in which the prosecution intends to offer evidence under this Code section, the prosecutor shall disclose such evidence to the accused, including statements of witnesses or a summary of the substance of any testimony that is expected to be offered, at least ten days in advance of trial, unless the time is shortened or lengthened or pretrial notice is excused by the judge upon good cause shown.
  3. This Code section shall not be the exclusive means to admit or consider evidence described in this Code section.

(Code 1981, §24-4-418, enacted by Ga. L. 2016, p. 793, § 6/HB 874.)

Effective date.

- This Code section became effective May 3, 2016.

JUDICIAL DECISIONS

No abuse of discretion in admitting evidence of alleged gang membership.

- Trial court did not abuse the court's discretion by admitting evidence of the defendant's alleged membership in a gang because the evidence of gang membership was relevant to and probative of motive based on two witnesses testifying as to the defendant's gang affiliation. Anglin v. State, 302 Ga. 333, 806 S.E.2d 573 (2017).

Cases Citing Georgia Code 24-4-418 From Courtlistener.com

Total Results: 12

Mills v. State

Court: Supreme Court of Georgia | Date Filed: 2024-12-10

Snippet: involving Williams is also admissible under OCGA § 24-4-418 (a), which provides that “[i]n a criminal proceeding

Miller v. State

Court: Supreme Court of Georgia | Date Filed: 2024-10-31

Snippet: prior misdemeanor convictions pursuant to OCGA § 24-4-418 was not plain error given overwhelming evidence

Gallegos-Munoz v. State

Court: Supreme Court of Georgia | Date Filed: 2024-09-17

Snippet: at 737 (3) (citing OCGA §§ 24-4-404 through 24-4-418). See also Burns II, 306 Ga. at 125-126 (3) (“[T]he

McKinney v. State

Court: Supreme Court of Georgia | Date Filed: 2024-03-05

Snippet: proper construction of an evidence rule, OCGA § 24-4-418 (“Rule 418”), that in prosecutions under the

ROOKS v. THE STATE (Two Cases)

Court: Supreme Court of Georgia | Date Filed: 2023-10-24

Snippet: intrinsic evidence and because it satisfied OCGA § 24-4-418 (“Rule 418”), which says that evidence of a defendant’s

Ruthenberg v. State

Court: Supreme Court of Georgia | Date Filed: 2023-09-06

Snippet: misdemeanor convictions for simple battery under OCGA § 24- 4-418 and that the admission of this evidence violated

Drennon v. State

Court: Supreme Court of Georgia | Date Filed: 2022-10-25

Snippet: gang-activity count against Morris). See also OCGA § 24-4-418 (a), which was enacted in 2016 and which says

Overstreet v. State

Court: Supreme Court of Georgia | Date Filed: 2021-10-05

Snippet: it) was admissible under OCGA §§ 16-15-9 8 and 24-4- 418 (a)9 and, along with other evidence, helped the

Dunn v. State

Court: Supreme Court of Georgia | Date Filed: 2021-09-21

Snippet: (“Rule 403”), 24-4-404 (b) (“Rule 404 (b)”), and 24-4-418 (“Rule 418”) for the limited purpose of proving

State v. Orr

Court: Supreme Court of Georgia | Date Filed: 2019-05-06

Citation: 827 S.E.2d 892, 305 Ga. 729

Snippet: specific types of evidence. See OCGA §§ 24-4-404 to 24-4-418. Only one rule, however, authorizes the exclusion

Anglin v. State

Court: Supreme Court of Georgia | Date Filed: 2017-10-16

Citation: 302 Ga. 333, 806 S.E.2d 573

Snippet: Ga. 65, 69 (2) (786 SE2d 633) (2016). OCGA § 24-4-418 provides for the admission of “evidence of the

Davis v. State

Court: Supreme Court of Georgia | Date Filed: 2017-06-19

Citation: 301 Ga. 397, 801 S.E.2d 897, 2017 WL 2628196, 2017 Ga. LEXIS 527

Snippet: effective date of the new Code. See also OCGA § 24-4-418 (c) (admissibility of criminal gang activity;