The State v. Lampl

Court of Appeals of Georgia

The State v. Lampl

779 S.E.2d 122, 334 Ga. App. 339

CourtCourt of Appeals of Georgia

DecidedNovember 23, 2015

DocketA13A1071

StatusPublished

This text of 779 S.E.2d 122 (The State v. Lampl) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

The State v. Lampl, 779 S.E.2d 122, 334 Ga. App. 339 (Ga. Ct. App. 2015).

Pincite

Opinion

Ray, Judge.

In the consolidated case of State v. Lampl (and Lampl v. State), 325 Ga. App. 344 (750 SE2d 685) (2013), this Court affirmed the trial court’s order dismissing a particular count of the indictment charging Lampl with perjury in regard to statements that he made before a special purpose grand jury. In State v. Lampl, 296 Ga. 892 (770 SE2d 629) (2015), the Supreme Court of Georgia reversed Division 1 of this Court’s consolidated opinion, finding that the trial court’s dismissal of the perjury count and the suppression of Lampl’s statements were improper. In so holding, the Supreme Court found that the special purpose grand jury had exceeded the scope of its investigation, but also concluded that such conduct “did not constitute a violation of Lampl’s constitutional rights or otherwise rise to the level necessary to justify these sanctions.” Id. at 895-899 (1), (2). Accordingly, we vacate Division 1 of our opinion and adopt the opinion of our Supreme Court as our own in place of that division.

In light of the foregoing, Divisions 2 and 3 of our previous opinion are now moot; accordingly, we vacate these divisions.

Judgment reversed.

Barnes, P. J., and Miller, J., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Ray, Judge.

In the consolidated case of State v. Lampl (and Lampl v. State), 325 Ga. App. 344 (750 SE2d 685) (2013), this Court affirmed the trial court’s order dismissing a particular count of the indictment charging Lampl with perjury in regard to statements that he made before a special purpose grand jury. In State v. Lampl, 296 Ga. 892 (770 SE2d 629) (2015), the Supreme Court of Georgia reversed Division 1 of this Court’s consolidated opinion, finding that the trial court’s dismissal of the perjury count and the suppression of Lampl’s statements were improper. In so holding, the Supreme Court found that the special purpose grand jury had exceeded the scope of its investigation, but also concluded that such conduct “did not constitute a violation of Lampl’s constitutional rights or otherwise rise to the level necessary to justify these sanctions.” Id. at 895-899 (1), (2). Accordingly, we vacate Division 1 of our opinion and adopt the opinion of our Supreme Court as our own in place of that division.

In light of the foregoing, Divisions 2 and 3 of our previous opinion are now moot; accordingly, we vacate these divisions.

Judgment reversed.

Barnes, P. J., and Miller, J., concur.

Cite This Page — Counsel Stack

Bluebook (online)

779 S.E.2d 122, 334 Ga. App. 339, Counsel Stack Legal Research, https://law.counselstack.com/opinion/the-state-v-lampl-gactapp-2015.

Opinion

Related

Cite This Page — Counsel Stack