CopyCited 127 times | Published | Supreme Court of Georgia | Sep 24, 2018 | 304 Ga. 472
...on a statement someone else had given her.
OCGA §
24-8-801 (c) defines hearsay as "a statement, other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted." And OCGA §
24-6-602 says, with exceptions not applicable here, that "[a] witness may not testify to a matter unless evidence is introduced sufficient to support a finding that the witness has personal knowledge of such matter." See **478United States v....
...2014) (explaining that a court should exclude testimony for lack of personal knowledge if " 'the witness could not have actually perceived or observed that which he testifies to' " (citation omitted) ).4 Evidence proving personal knowledge may consist of the witness's own testimony, as OCGA §
24-6-602 explains, but a witness cannot use inadmissible hearsay to demonstrate personal knowledge of a matter....
...mining the legal sufficiency of the evidence, we consider all of the evidence that was admitted at Appellant's trial, even though some of the evidence should have been excluded." Kennebrew v. State,
299 Ga. 864, 867-868,
792 S.E.2d 695 (2016).
OCGA §
24-6-602 is part of Georgia's new Evidence Code and its pertinent language tracks Federal Rule of Evidence 602....
CopyCited 72 times | Published | Supreme Court of Georgia | Feb 16, 2015 | 769 S.E.2d 329
CopyCited 37 times | Published | Supreme Court of Georgia | Jun 22, 2022
...ave
any personal knowledge about why Detective Murphy wrote what
he did, the trial court did not abuse its discretion in ruling that
130
Appellant could not ask Detective Stoddard about the statements.
See OCGA §
24-6-602 (“A witness may not testify to a matter unless
evidence is introduced sufficient to support a finding that the
witness has personal knowledge of such matter.”).88 However, the
court did abuse its discretion when it prevented Appellant from
asking Detective Murphy about the statements....
CopyCited 23 times | Published | Supreme Court of Georgia | May 3, 2021 | 311 Ga. 378
...Under Georgia’s Evidence Code, a lay witness “may not
testify to a matter unless evidence is introduced sufficient to support
a finding that the witness has personal knowledge of such matter.
Evidence to prove personal knowledge may, but need not, consist of
the witness’s own testimony.” OCGA §
24-6-602 (“Rule 602”)....
CopyCited 19 times | Published | Supreme Court of Georgia | Feb 21, 2023 | 315 Ga. 630
...a finding that the witness has personal knowledge of such matter.
Evidence to prove personal knowledge may, but need not, consist of
27
the witness’s own testimony.’” Draughn v. State,
311 Ga. 378, 385
(858 SE2d 8) (2021) (quoting OCGA §
24-6-602) (holding that
eyewitness testimony identifying the defendants in a surveillance
video was based on personal knowledge because the witness
identified the defendants based on his “recollection of the stabbing”).
In addition, except...
CopyCited 11 times | Published | Supreme Court of Georgia | Oct 21, 2019
...28
Finally, Hawkins and Seay argue that the State failed to lay
an adequate foundation for the officers’ testimony because it did not
show that they had personal knowledge of the matters about which
they testified. See OCGA §
24-6-602 (“A witness may not testify to a
matter unless evidence is introduced sufficient to support a finding
that the witness has personal knowledge of such matter. . . .”). But
the testimony at issue was that of the gang officers as experts, not
lay persons, so Rule 602 presents no bar to such testimony. See
OCGA §
24-6-602 (“The provisions of this Code section are subject to
Code Section
24-7-703....
CopyCited 10 times | Published | Supreme Court of Georgia | May 18, 2020 | 308 Ga. 749
...police
department. In any event, it was within the trial court’s discretion
to prevent Appellant from asking Corporal Banville questions that
Appellant had not shown that Corporal Banville could answer based
on his personal knowledge. See OCGA §
24-6-602 (“A witness may
not testify to a matter unless evidence is introduced sufficient to
support a finding that the witness has personal knowledge of such
matter....
CopyCited 8 times | Published | Supreme Court of Georgia | Jan 28, 2025 | 320 Ga. 706
...deficiently by not
objecting to these questions, Burke has not established prejudice.
See Sawyer,
308 Ga. at 384 (2) (b). A witness generally may not tes-
tify about a subject if he lacks personal knowledge about what he is
asked about. See OCGA §
24-6-602....
CopyCited 8 times | Published | Supreme Court of Georgia | Apr 30, 2024 | 318 Ga. 855
...Finch’s attorney told her after the call.
25
Sconyers objects to Morgan’s testimony on two bases. First, he
contends that her testimony was not based on personal knowledge
and therefore was not admissible under OCGA §
24-6-602 (“Rule
602”)....
CopyCited 7 times | Published | Supreme Court of Georgia | May 28, 2025
...at 773 (3).
(a) Sims first contends that his counsel performed deficiently
by failing to object when Jackson testified that he thought Sims “was
“taking up” for Toles, asserting that Jackson’s testimony was based
on speculation. We disagree.
Under OCGA §
24-6-602, a witness generally cannot testify
about a matter “unless evidence is introduced sufficient to support
a finding that the witness has personal knowledge” of the matter.
That evidence “may, but need not, consist of the witness’...
CopyCited 6 times | Published | Supreme Court of Georgia | Nov 7, 2023 | 317 Ga. 676
...sadness for Callaway), this was not impermissible opinion
testimony, as Cooper argues, but rather, was no more than
straightforward factual testimony regarding matters within
Detective Black’s personal knowledge, which is admissible. See
OCGA §
24-6-602; see also Draughn v....
CopyCited 6 times | Published | Supreme Court of Georgia | Jun 30, 2022 | 314 Ga. 193
...If those three
requirements are met, we may remedy the error if it
seriously affects the fairness, integrity or public
reputation of judicial proceedings.
Rawls,
310 Ga. at 213 (3) (citations and punctuation omitted).
Regarding a witness’s personal knowledge of a matter, OCGA
§
24-6-602 is controlling: “A witness may not testify to a matter
unless evidence is introduced sufficient to support a finding that the
witness has personal knowledge of such matter....
CopyCited 5 times | Published | Supreme Court of Georgia | Jun 11, 2024 | 319 Ga. 215
...ing at
the trial or hearing, offered in evidence to prove the truth of the
matter asserted.” OCGA §
24-8-801 (c). But McCray did not testify
about something someone else told her; instead, she testified about
what she personally did. See OCGA §
24-6-602 (a witness’s own
testimony may prove that she has personal knowledge of the matter
11
at issue); see also Brown v....
CopyCited 5 times | Published | Supreme Court of Georgia | Jun 1, 2021 | 311 Ga. 634
...Trantham.
Rogers argues that the trial court should have excluded this
testimony because, he claims, it clearly violated several provisions
of the Evidence Code.3
3 Specifically, Rogers contends that Agent Dyal’s statement referred to
facts outside his personal knowledge, in violation of OCGA §
24-6-602; invaded
the province of the jury concerning witness credibility, in violation of OCGA
§
24-6-620; and was improper layperson opinion testimony, in violation of
9
As Rogers concedes, however,...
CopyPublished | Supreme Court of Georgia | Jun 10, 2025
...if the other
witnesses’ testimony were untrue—he had personal knowledge of
any reason the other witnesses would come to court and say those
things. Nothing in our current Evidence Code, Jones, or Schmitz
prohibits such a question. See OCGA §§
24-6-602 (“A witness may
23
not testify to a matter unless evidence is introduced sufficient to
support a finding that the witness has personal knowledge of such
matter....
CopyPublished | Supreme Court of Georgia | Sep 24, 2018
...one else had given her.
OCGA §
24-8-801 (c) defines “hearsay” as “a statement, other than one
made by the declarant while testifying at the trial or hearing, offered in evidence
to prove the truth of the matter asserted.” And OCGA §
24-6-602 says, with
exceptions not applicable here, that “[a] witness may not testify to a matter
unless evidence is introduced sufficient to support a finding that the witness has
personal knowledge of such matter.” See United States v....
...Gutierrez de Lopez,
761 F3d 1123, 1132 (10th Cir. 2014) (explaining that a court should exclude
testimony for lack of personal knowledge if “‘the witness could not have
actually perceived or observed that which he testifies to’” (citation omitted)).4
4
OCGA §
24-6-602 is part of Georgia’s new Evidence Code, and its pertinent language
tracks Federal Rule of Evidence 602....
...courts, particularly the Eleventh Circuit, for guidance in applying this provision. See Olds v. State,
299 Ga. 65, 69 (786 SE2d 633) (2016).
13
Evidence proving personal knowledge may consist of the witness’s own
testimony, as OCGA §
24-6-602 explains, but a witness cannot use inadmissible
hearsay to demonstrate personal knowledge of a matter....
Published | Supreme Court of Georgia | Feb 16, 2015