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Rutter v. Rutter

Senate Bill 316 Ga. L. 2000, p. 875, § 2 eliminated the curtilage exception set forth in O.C.G.A. § 16-11-62 2 C.

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We granted a writ of certiorari to the Court of Appeals in Rutter v. Rutter, 316 Ga. App. 894 730 SE2d 626 2012, to determine which of two pieces of legislation, House Bill 1576 Ga. L. 2000, p. 491, § 1 or Senate Bill 316 Ga. L. 2000, p. 875, § 2, each constituting an alternative version of OCGA § 16-11-62 2, survived to become law. To begin our task, we must examine when the acts were approved and when they became effective. To complete our task, we must decide whether the two acts can be reconciled and harmonized or whether they are repugnant to one another.

This is a divorce case in which Stacy Rutter surreptitiously installed several video surveillance devices in the marital home. Prior to trial, Stacy’s husband, Charles Rutter, moved to exclude any video recordings derived from the use of the surveillance devices on the ground they were made in violation of OCGA § 16-11-62 2.1 The trial court denied the motion to exclude, relying upon the “curtilage” exception set forth in OCGA § 16-11-62 2 C,2 but certified its ruling for immediate review. The Court of Appeals granted husband’s application for interlocutory review and affirmed, holding subparagraph 2 C, set forth in House Bill 1576, survived the subsequent enactment and approval of Senate Bill 316, which does not contain a similar subparagraph. In so doing, the appellate court reasoned, inter alia, that the two pieces of legislation were not repugnant. We granted certiorari and posed these questions:

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