Supreme Court of Georgia

McKinney v. State

March 5, 2024318 Ga. 566

Summary

The Supreme Court of Georgia affirmed the Court of Appeals’ judgment that OCGA § 24‑4‑418 (Rule 418) does not require a nexus between a defendant’s other criminal act and an intent to further gang activity, and that evidence admissible under Rule 418 remains subject to the balancing test of Rule 403. The Court remanded for the lower court to determine whether the contested acts should be excluded under Rule 403.