Supreme Court of Georgia

Powell v. the State (two Cases)

April 30, 2024318 Ga. 875

Summary

The Supreme Court of Georgia held that the indictment charging former police officials with violation of their oaths under OCGA § 16‑10‑1, predicated on alleged Brady violations, was legally insufficient to survive a general demurrer. Accordingly, the trial court’s denial of the demurrers was reversed. The Court did not reach the defendants’ constitutional due‑process or speedy‑trial arguments because the indictment failed on its face.