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Ronoke v. State
Citations: 255 Ga. App. 420; 565 S.E.2d 594; 2002 Fulton County D. Rep. 1541; 2002 Ga. App. LEXIS 641Docket: A02A0247
Court: Court of Appeals of Georgia; May 17, 2002; Georgia; State Appellate Court
Brian Ronoke appeals his convictions for cocaine trafficking and firearm possession during a crime, arguing that the trial court improperly denied his motion for a mistrial due to a discovery violation. Prior to trial, Ronoke opted for reciprocal discovery under OCGA 17-16-1 et seq. During the State's case, a narcotics agent testified to observing Ronoke with a firearm during two meetings related to a controlled drug buy. On cross-examination, the agent mentioned writing a supplemental report that included basic details about the incident. Later, the prosecutor revealed the discovery of an additional portion of the report, prompting Ronoke's counsel to request recalling the agent rather than a mistrial. After the agent was recalled, Ronoke moved for a mistrial again, citing the court's delay in addressing the discovery issue. The court indicated it would consider the matter after the agent's testimony. The recalled agent clarified that the incomplete report initially provided to the defense was due to a separation of the two halves of his report. He acknowledged not remembering the entire report during his initial testimony and stated that he had not used the second half to refresh his memory. Both the incomplete and complete reports were admitted into evidence at Ronoke's request. Ultimately, the agent testified that the second half contained no new information beyond a minor sequencing error and confirmed that he had not documented Ronoke's firearm in either report. Ronoke again sought a mistrial, asking for jury instructions regarding the discovery issue, which the court denied, believing the matter had been sufficiently explained. OCGA 17-16-6 outlines the court's options for addressing discovery violations, emphasizing that remedies depend on showing prejudice and bad faith by the State. The court affirmed the denial of the mistrial. Ronoke failed to demonstrate how the denial of his mistrial motions caused him prejudice, as both the original and recalled testimony of the agent did not indicate any harm. He also did not show prejudice from the State's failure to provide the bloody knife before trial. The record lacks evidence of bad faith, and Ronoke does not claim it was present. Under OCGA 17-16-6, evidence is only inadmissible if both prejudice and bad faith are established, making a mistrial unwarranted. The court acted within its discretion by denying the mistrial motions, especially considering the remedial actions taken. OCGA 17-16-6 allows the trial court to determine appropriate remedies for discovery violations, rather than imposing strict consequences. The judgment was affirmed, with concurrence from Blackburn, C. J., and Johnson, P. J.