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State v. Brown

The Court vacated the judgments of acquittal in favor of the defendants because the trial court lacked jurisdiction to proceed with trial, as the State had filed an appeal from the trial court's suppression order.

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The Superior Court of Fulton County entered directed verdicts of acquittal in favor of Javaris Brown, Meyetta King, and Kevin Rouse on charges of trafficking in cocaine, OCGA § 16-13-31 a 1 A; possession of marijuana with intent to distribute, OCGA § 16-13-30 j 1; and other violations of the Georgia Controlled Substances Act. In Case No. A15A0457, the State appeals, contending, inter alia, that the judgments must be vacated as having been entered when jurisdiction lay in this Court and not in the trial court. In addition, in Case No. A15A0456, the State appeals from two interlocutory rulings, contending that the trial court abused its discretion in granting the defendants’ motions to exclude certain evidence as a sanction for discovery violations and in granting the defendants’ motions to exclude evidence of other, uncharged crimes. For the reasons explained below, we vacate the judgments of acquittal and reverse in part the evidentiary rulings.

Case No. A15A04571. The trial court directed verdicts of acquittal on all counts. As a threshold matter, therefore, we must determine whether the State has any right to appeal. Ordinarily, the State

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