Gregg v. the State
331 Ga. App. 833
Ga. Ct. App.2015Background
- Gregg sought subpoenas duces tecum for pharmacy tax records to support her defense that the owner instructed cash withdrawals; the state moved to quash and the court denied competition; Gregg sought 1099 forms for 2009-2010 and records listing employees paid in cash; the trial court partially addressed 1099s and then denied the motion to compel; the majority held the subpoena was relevant and the trial court abused its discretion; opinion reverses and remands.
- There is no generalized criminal discovery right; discovery is governed by OCGA § 17-16-1 et seq. and reciprocal discovery, not broad third-party subpoenas.
- Under Georgia law, a subpoena to a third party may be quashed if not demonstrably relevant; when relevant, denying a subpoena is error.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the subpoena seeks relevant evidence to Gregg's defense | Gregg argues 1099s show cash paid to employees supporting her defense | State argues absence of general discovery and irrelevance | Subpoena sought relevant evidence; abuse of discretion by trial court |
| Whether there is a generalized right of discovery in criminal cases permitting third-party subpoenas | Gregg relies on broader discovery rights | No generalized criminal discovery; reciprocal rules apply | No generalized right; discovery limited to OCGA § 17-16-1 et seq. |
| Whether the trial court properly denied Gregg's motion to compel | Subsidiary relevance supports compelling response | Trial court acted within discretion given no broad discovery | The denial was an abuse of discretion; subpoena should be compelled |
Key Cases Cited
- Henderson v. State, 255 Ga. 687 (Ga. 1986) (subpoenaed evidence relevant to defense; trial court error if denied without cause)
- Bazemore v. State, 244 Ga. App. 460 (Ga. App. 2000) (initial burden to show relevance of documents)
- Lucious v. State, 271 Ga. 361 (Ga. 1999) (no generalized right of discovery in criminal cases)
- Plante v. State, 203 Ga. App. 33 (Ga. App. 1992) (discovery scope and limits in criminal cases)
- Dean v. State, 267 Ga. 306 (Ga. 1996) (right to present material evidence for defense)