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State v. Lampl

The superior court erred in dismissing a perjury charge against the defendant and in suppressing his testimony before a special purpose grand jury as sanctions to remedy the overbreadth of the special purpose grand jury's investigation of public corruption and crimes elected county officials allegedly committed.

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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 Georgia Supreme Court 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.

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