State v. Wilkins

Summary

The court affirmed the trial court’s order excluding six incriminating statements by a co-defendant because the record supported the conclusion that they were retrospective disclosures, rather than statements made in furtherance of the conspiracy. Under the new Georgia Evidence Code, concealment-phase statements remain potentially admissible, but the statements themselves must further the conspiracy. The court also rejected the argument that the State failed to preserve the issue because severance and the co-conspirator hearsay exception present separate issues.