GA 17-16-23 - GA 17-16-23

JUDICIAL DECISIONS Purpose. - Purpose of O.C.G.A. § 17-16-23 is to avoid surprises. Mowery v. State, 234 Ga. App. 801 , 507 S.E.2d 821 (1998). O.C.G.A. § 17-16-23(b) pertains only to written scientific reports and did not apply if test results were not reduced to writing and the medical examiner gave only oral testimony. Brown v. State, 268 Ga. 354 , 490 S.E.2d 75 (1997). Application of exclusionary rule. - Exclusionary rule of O.C.G.A. § 17-16-23 applies only if the state fails altogether to furnish discovery material, and thus, if material is furnished late, the proper remedy may be, in the court's discretion, a continuance upon proper request by the accused. Mowery v. State, 234 Ga. App. 801 , 507 S.E.2d 821 (1998). Certificate of inspection of breath testing instruments. - Certificate ...