As used in this chapter, the term:
iprocity of discovery. Stinski v. State, 281 Ga. 783, 642 S.E.2d 1 (2007).
Failure to raise issue results in waiver. — Failure to request a continuance to cure any prejudice which may result from the state’s failure to comply with the requirements of O.C.G.A. § 17-16-1 et seq. waives the right to assert error on appeal stemming from the state’s alleged failure to comply with discovery statutes. Shelton v. State, 257 Ga. App. 890, 572 S.E.2d 401 (2002).
Binding effect of discovery procedure. — Amended discovery procedure under O.C.G.A. § 17-16-1 et seq. was binding upon a defendant who elected to participate in the procedure before the amendment. Stinski v. State, 281 Ga. 783, 642 S.E.2d 1 (2007).
Prosecution has no obligation to locate defense witnesses. — Trial court did not err in denying the defendant’s request for a continuance based on the state violating the state’s discovery obligations and failing to disclose exculpatory evidence when the state failed to provide the defendant with the transporting officer’s out-of-state address because the state, acting in the state’s role as the prosecution, has no obligation to locate defense witnesses and the defendant failed to show that any alleged discovery violation caused the defendant harm. Lafavor v. State, 334 Ga. App. 125, 778 S.E.2d 377 (2015).
(1) “Possession, custody, or control of the state or prosecution” means an item which is within the possession, custody, or control of the prosecuting attorney or any law enforcement agency involved in the investigation of the case being prosecuted.
(2) “Statement of a witness” means:
(A) A written or recorded statement, or copies thereof, made by the witness that is signed or otherwise adopted or approved by the
witness;
(B) A substantially verbatim recital of an oral statement made by the witness that is recorded contemporaneously with the making of the oral statement and is contained in a stenographic,
mechanical, electrical, or other recording or a transcription thereof;
or
(C) A summary of the substance of a statement made by a witness contained in a memorandum, report, or other type of written document but does not include notes or summaries made
by counsel.
(3) “Witness” does not include the defendant.