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In Re: Morris Communications Co.

The reporter's privilege did not apply to limited published information which the state sought to admit at a criminal defendant's robbery trial.

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This appeal addresses issues concerning the reporter’s privilege provided by OCGA § 24-9-30. Teresa Stepzinski, a staff writer for The Georgia Times-Union in Brunswick, Georgia, was subpoenaed to testify in the robbery trial of Chanthony Andrews. The State sought her testimony to authenticate two articles written by her and to show that the articles were the only ones published about the robbery. Morris Communications, the newspaper’s publisher, filed an emergency motion to quash the subpoena, which was denied following a hearing. Morris appeals. Because we conclude that the qualified privilege afforded by OCGA § 24-9-30 was waived by publication of the two articles, we affirm.

The facts involved in this appeal are not disputed. The first of two articles written by Stepzinski concerning the robbery of a Glynn County business recited that robbers stole the clerk’s wallet and “an undisclosed amount of money” from the business. A follow-up article recited that Chanthony Andrews was charged with one count of robbery in connection with the incident. After a subpoena was issued to Stepzinski, the newspaper filed a motion to quash on the ground that her testimony was protected by OCGA § 24-9-30.

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