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Johnson v. State

O.C.G.A. § 17-16-1 et seq. does not require a defendant to notify the state that he intends to give an alibi during his testimony.

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Garry Deyon Johnson is to be tried for the murder of Irene Shields in the Superior Court of Burke County. The State has given notice of its intent to seek the death penalty. This Court granted Johnson’s application for interim review to consider whether the disclosure requirements of OCGA § 17-16-5 a are applicable to Johnson’s own alibi testimony. Johnson has also addressed in this interim review, as the Court’s instructions to the parties permitted, unrelated search and seizure issues.

1. Johnson elected to have the discovery procedures of OCGA 17-16-1 et seq. applied to the trial of his case.1 OCGA § 17-16-5 a requires the following:

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