GA 17-6-6 - GA 17-6-6

JUDICIAL DECISIONS Discretion is not unlimited. - Trial court's discretion under O.C.G.A. § 17-6-6 is not unlimited, particularly when its exercise affronts the goals of deterring the state from violating the state's discovery obligations and correcting the prejudice to the defendants caused by such violations. Marshall v. State, 230 Ga. App. 116 , 495 S.E.2d 585 (1998). Defendant failed to raise noncompliance at trial. - Although O.C.G.A. § 17-6-6 provides remedies for failure to comply with any of the discovery provisions, since the defendant did not raise the state's noncompliance at trial, the defendant did not give the trial court the opportunity to exercise the court's discretion in formulating an appropriate remedy and could not complain for the first time on appeal. Cox v. State, 2...