Supreme Court of Georgia

State v. Brinkley

June 21, 2023316 Ga. 689

Summary

The Georgia Supreme Court held that the trial court abused its discretion by misapplying the Rule 403 balancing test when it excluded the defendant’s statement about fleeing, and clarified that evidence of flight is admissible as circumstantial evidence of guilt even when the defendant is not charged with a flight‑related offense. Accordingly, the court vacated the exclusion order and remanded for a proper analysis under the correct standard.