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State v. Dickerson

The state has an affirmative duty to produce information required under the reciprocal discovery act and cannot rely on the fact that this information is not within its possession.

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These companion cases are before the Court from the grant of petitions for writ of certiorari to the Court of Appeals in Dickerson v. State, 241 Ga. App. 593 526 SE2d 443 1999, brought by both parties to the litigation. We are called upon to define the respective duties of the parties when a defendant facing felony charges elects to invoke reciprocal discovery under Georgia’s Criminal Procedure Discovery Act, OCGA § 17-16-1 et seq. “Act”. We informed the parties of our particular concern with the following questions:

1 Whether the State is obligated under OCGA § 17-16-8 a to produce all the information listed in that Code section even when some of that information is not in its files.

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