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Puckett v. State

The trial court did not abuse its discretion in requiring sequestration of the defendant's expert witness during the State's presentation of its case.

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Following a jury trial, Shannon Puckett was convicted on two counts of driving under the influence OCGA § 40-6-391 a 1 less safe and 5 alcohol concentration .08 or more and one count of speeding OCGA § 40-6-181. Puckett appeals from her convictions, challenging the trial court’s decision to sequester her expert witness during the presentation of the State’s case. For the reasons which follow, we affirm.

Under OCGA § 24-9-61,1 either party has the right to have the witnesses of the other party examined out of the hearing of each other. This statute, known as the rule of sequestration, has been broadly applied by trial courts to exclude all witnesses from hearing the testimony of any other witnesses, and this practice has been expressly approved by this Court. See Axelburg v. State, 294 Ga. App. 612, 619 3 669 SE2d 439 2008; Gray v. State, 222 Ga. App. 626, 631 2 476 SE2d 12 1996. And “the trial court is vested with broad discretionary powers in enforcement of the sequestration rule, which will not be controlled absent abuse of discretion.” Citation omitted. Lassiter v. State, 175 Ga. App. 338, 340 5 333 SE2d 412 1985. We therefore review the record to determine if that abuse was committed.

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