GA 16-15-9 - GA 16-15-9

JUDICIAL DECISIONS 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). Admission of prior criminal street gang activity proper. - 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 co...