State v. Gilmore

• Decision Date: 27 January 2022
• Docket Number: A20A0189
• Citation: 868 S.E.2d 798 (Mem),362 Ga.App. 383
• Parties: The STATE v. GILMORE.
• Court: Georgia Court of Appeals

362 Ga.App. 383

868 S.E.2d 798 (Mem)

The STATE

v.GILMORE.

A20A0189

Court of Appeals of Georgia.

January 27, 2022

Leigh Ellen Patterson, Rome, Luke Anthony Martin, Morgan Birdsong Bottger, for Appellant.

Sean Justin Lowe, Jonathan Ross Hamrick, for Appellee.

Mercier, Judge.

In State v. Gilmore , 355 Ga. App. 536, 844 S.E.2d 877 (2020), this Court affirmed the trial court's denial of the State's motions to admit a video recording of a controlled drug buy. In State v. Gilmore , 312 Ga. 289, 862 S.E.2d 499 (2021), the Georgia Supreme Court reversed our decision, holding that the admission of the video recording was not barred by the Confrontation Clause, and it remanded this case for further proceedings. We therefore vacate our earlier opinion, adopt the opinion of the Supreme Court as our own, and reverse the trial court's judgment.

Judgment reversed.

Miller, P. J., and Senior Appellate Judge Herbert E. Phipps concur.