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Major v. State

A defendant is obligated to request a continuance to cure any possible prejudice from the state's failure to comply with O.C.G.A. § 17-16-21.

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Dalthan Major appeals his conviction and sentence for driving under the influence of alcohol. He contends the trial court erred by overruling his objection to the State presenting witnesses who were not listed on the State’s witness list. The record shows that on January 21, 2009, Major was issued a citation for driving under the influence. The related incident report listed Miguel Arroyo and George Poole as witnesses and lists J. K. Leming and M. H. Archer as the reporting officers. On February 25, Major demanded a complete list of witnesses pursuant to OCGA § 17-16-21. On April 1, the State presented a list of witnesses who would be testifying at trial; it listed “Jason” Poole, Mike Archer, and J. Leming. On April 8, Major filed an objection to any witness testifying whose name does not appear on the witness list.

On August 24, 2009 a jury was empaneled and sworn in. When the State called Arroyo as its first witness, Major objected on the ground that his name was not on the State’s witness list. After confirming the facts, the court agreed that Arroyo could not testify and then asked the State to call the next witness.

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