State v. David Lee Gilmore

• Court: Court of Appeals of Georgia
• Decided: January 27, 2022
• Docket: A20A0189
• Status: Published

Opinion

SECOND DIVISION MILLER, P. J., MERCIER, J., and PHIPPS, SENIOR APPELLATE JUDGE

NOTICE: Motions for reconsideration must be physically received in our clerk’s office within ten days of the date of decision to be deemed timely filed. https://www.gaappeals.us/rules

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January 27, 2022

In the Court of Appeals of Georgia A20A0189. THE STATE v. GILMORE.

MERCIER, Judge.

In State v. Gilmore, 355 Ga. App. 536 (844 SE2d 877) (2020), this Court

affirmed the trial court’s denial of the State’s motions to admit a video recording of

a controlled drug buy. In State v. Gilmore, 312 Ga. 289 (862 SE2d 499) (2021), the

Georgia Supreme Court reversed our decision, holding that the admission of the video

recording was not barred by the Confrontation Clause, and it remanded this case for

further proceedings. We therefore vacate our earlier opinion, adopt the opinion of the

Supreme Court as our own, and reverse the trial court’s judgment.

Judgment reversed. Miller, P. J., and Senior Appellate Judge Herbert E.

Phipps concur.