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Wollesen v. State

Affidavit from Maryland state attorney stating that defendant received money from her son after he was found in contempt for failure to pay child support supported finding that defendant could be compelled to testify as a material witness in Maryland grand jury investigation of her son.

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In this case we must determine the sufficiency of a certificate issued by a court in a foreign state seeking to compel the appearance of a Georgia witness before a grand jury in the foreign state, as contemplated by the Uniform Act to Secure the Attendance of Witnesses from Without the State “Uniform Act”, OCGA § 24-10-92. The Act provides in pertinent part:

a If a judge of a court of record in any state which by its laws has made provision for commanding persons within that state to attend and testify in this state certifies under the seal of such court . . . that a grand jury investigation has commenced or is about to commence, that a person within this state is a material witness in such . . . grand jury investigation, and that his presence will be required for a specified number of days, upon presentation of such certificate to any judge of a court of record in the county in which the person is found, such judge shall fix a time and place for a hearing and shall make an order directing the witness to appear at a time and place certain for the hearing. The witness shall at all times be entitled to counsel.

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