State v. David Lee Gilmore

SECOND DIVISION
MILLER, P. J.,
MERCIER, J., and PHIPPS, SENIOR APPELLATE JUDGE
NOTICE: Motions for reconsideration must be
physically received in our clerk’s office within ten
days of the date of decision to be deemed timely filed.
https://www.gaappeals.us/rules
DEADLINES ARE NO LONGER TOLLED IN THIS
COURT. ALL FILINGS MUST BE SUBMITTED WITHIN
THE TIMES SET BY OUR COURT RULES.
January 27, 2022
In the Court of Appeals of Georgia
A20A0189. THE STATE v. GILMORE.
MERCIER, Judge.
In State v. Gilmore, 355 Ga. App. 536 (844 SE2d 877) (2020), this Court
affirmed the trial court’s denial of the State’s motions to admit a video recording of
a controlled drug buy. In State v. Gilmore, 312 Ga. 289 (862 SE2d 499) (2021), the
Georgia Supreme Court reversed our decision, holding that the admission of the video
recording was not barred by the Confrontation Clause, and it remanded this case for
further proceedings. We therefore vacate our earlier opinion, adopt the opinion of the
Supreme Court as our own, and reverse the trial court’s judgment.
Judgment reversed. Miller, P. J., and Senior Appellate Judge Herbert E.
Phipps concur.