State v. Mosher , 265 Ga. 666 ( 1995 )

Sears, Justice,

concurring.

I concur fully with the opinion of the Court. I write separately only to explain my understanding of when it is appropriate for a trial court to deny the State’s request for an order compelling testimony or the production of evidence.

Because OCGA § 24-9-28 (a) allows the State to seek an order to compel testimony or production only when the State believes that such an order is in the public interest, logic dictates that it is only when the trial court determines that an order to compel is not in the public interest that it may deny the State’s request.

I am authorized to state that Presiding Justice Fletcher joins in this concurrence.