Immunity & Deals with the State

The State has discretion to grant immunity to a witness for the State. O.C.G.A. § 24-9-28; O.C.G.A. § 24-5-507. The judge cannot grant immunity and immunity cannot be granted at the request of the defendant. Dennard v. State, 313 Ga. App. 419 (2011); Dampier v. State, 249 Ga. 299 (1982). 

 

In Georgia, there is a "general prohibition against evidence advising the jury about the specific sentence that might be imposed against the defendant." Perkins v. State, 288 Ga. App. 802 (2007); Howard v. State, 286 Ga. 222 (2009). However, this evidence "can be admitted only during cross-examination of a State's witness who strikes a deal with the State to avoid prison time." Gibson v. State, 308 Ga. App. 63 (2011). In State v. Vogleson, 275 Ga. 637 (2002), the Supreme Court of Georgia ruled that a defendant has the right to cross-examine a co-defendant about the mandatory minimum sentence the co-defendant faced before making a deal with the State and agreeing to testify against the defendant. 

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