# State v. Javaris Brown

> Court of Appeals of Georgia · August 10, 2015 · 333 Ga. App. 643

URL: https://www.frixlaw.com/law-library/cases/9810186

## Case

- **Full name:** The STATE v. BROWN Et Al. (Two Cases)
- **Court:** Court of Appeals of Georgia
- **Decided:** August 10, 2015
- **Citations:** 333 Ga. App. 643; 777 S.E.2d 27
- **Precedential status:** Published
- **Opinion:** Concurrence by McFadden
- **Judges:** Ellington, Dillard, McFadden
- **Cited by:** 13 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9810186

## How later opinions describe it (automated extraction)

- explaining extent to which Georgia’s courts look to federal evidence jurisprudence in applying our new Evidence Code

## Opinion text

MCFADDEN, Judge,
concurring fully and specially.
I concur fully in the majority opinion. I write separately to lament the ease with which this spectacle — an unauthorized criminal trial that the prosecutor was compelled to boycott leading to ineffective acquittals that an appellate court must unwind — could have been avoided.
When this case was called for trial, the state told the trial court that it had appealed her suppression order. The trial court erroneously replied that the state’s notice of appeal was ineffective. At noon that same day, the state filed an emergency motion with this court. Less than four-and-a-half hours later, we granted the emergency motion and stayed the trial. But by that time, the purported trial had taken place and the purported acquittals had been entered.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9810186. Public record. Not legal advice.