GA 17-16-2 - GA 17-16-2

JUDICIAL DECISIONS Construction with § 17-16-4(a) . - If a defendant fails to provide written notice to the prosecuting attorney that the defendant elects to have subsection (a) of O.C.G.A. § 17-6-2 apply to the defendant's case, the discovery disclosure provisions of O.C.G.A. § 17-16-4(a) do not apply. Miller v. State, 235 Ga. App. 724 , 510 S.E.2d 560 (1999), appeal dismissed, 264 Ga. App. 801 , 592 S.E.2d 450 (2003); Hammett v. State, 246 Ga. App. 287 , 539 S.E.2d 193 (2000). Construction with § 17-16-6 . - If the defendant made no showing that the state improperly withheld evidence from the defendant or acted in bad faith so as to trigger the imposition of any of the sanctions authorized by O.C.G.A. § 17-16-6 , the defendant failed to sustain the defendant's appellate burden of establi...