225 Ga. App. 21 - Hammitt v. State’s Empirical Analysis

Citation profile

7 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[T]he court may order the state to permit the discovery or inspection, interview of the witness, grant a continuance, or, upon a showing of prejudice and bad faith, prohibit the state from introducing the evidence not disclosed or presenting the witness not disclosed, or may enter such other order as it deems just under the circumstances.”

   2 later decisions quote this exact passage
   e.g. 232 Ga. App. 561 - Hill v. State · 238 Ga. App. 177 - Rooks v. State

2. “This statute clearly reflects two principal goals. First, and most important, any remedy fashioned by the trial court must be designed to restore to [the State or to a] defendant all those rights which the legislature intended for [the State or] the defendant to have had [the opposing party] met [his or] its burden under the statute, and to correct the prejudice [to the State or] to the defendant caused by the [opposing party's] failure to perform ... mandatory discovery obligations, regardless of whether the [party failing to do so] acted in bad faith. Second, the statute clearly contemplates the imposition of punitive sanctions, including the exclusion of evidence, to deter [a party] from violating its discovery obligations. This deterrent goal is important because, if the most serious consequence of a failure to perform is the mere grant of a continuance, the [parties] would have little incentive to ensure that [they] fully [comply] with ... discovery obligations.”

   1 later decision quote this exact passage · from the concurrence
   e.g. 232 Ga. App. 561 - Hill v. State