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Carter v. State

The state is not required to re-serve its discovery materials on each new attorney a felony defendant retains.

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Janet Faye Carter appeals from her convictions for driving under the influence of alcohol and driving after being declared a habitual violator. She argues that the trial court erred in admitting the testimony of Barbara Terrell, a prosecution witness. Finding no error, we affirm.

The record shows that Carter’s original attorney demanded in writing a list of the State’s witnesses, as well as information concerning those witnesses, under OCGA § 17-16-3 and 17-16-8. On August 18, 1997, the State served on defense counsel a list of witness names and addresses, including information about Barbara Terrell. Carter subsequently decided to change counsel. Accordingly, her original attorney moved to withdraw, and her current counsel, William Head, entered an appearance. Head also filed a demand for statutory discovery, requesting “a complete list of witnesses upon whose testimony or evidence the State’s case against Defendant is based.” Although the State did not re-serve its original witness list on Head, it provided him with a second witness list clearly marked “supplemental.” This supplemental list did not reference Terrell.

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