Tracie Underwood v. State

318 Ga. 259
FINAL COPY

S23G0714. UNDERWOOD v. THE STATE.

ORDER OF THE COURT.

We granted certiorari primarily to address the question of
whether suppression of evidence is an available remedy for
violations of OCGA § 17-5-27. However, after reviewing the full
record in this case, we have concluded that we cannot reach that
legal issue. Specifically, after careful consideration of the full record,
the briefs of the parties, and oral argument, we cannot say that the
trial court erred when it concluded that law enforcement’s entry into
Petitioner’s house was lawful. As a result, whether OCGA § 17-5-30
provides a suppression remedy is not an issue that must be decided
here. Because the remaining question on certiorari—whether law
enforcement’s entry into Petitioner’s house violated OCGA § 17-5-
27, as distinct from the Fourth Amendment to the United States
Constitution—is fact-specific and thus has little gravity outside the
context of this case, the Court has determined that the writ of
certiorari issued in Case No. S23G0714 was improvidently granted.
Accordingly, the writ is vacated, and the petition for certiorari in
Case No. S23C0714 is denied.

All the Justices concur, except Pinson, J., not participating.
Ordered February 6, 2024.

Certiorari to the Court of Appeals of Georgia — 366 Ga. App.

876.

Kristin C. M. Waller, for appellant.

J. Bradley Smith, District Attorney, Patrick A. Najjar,

Assistant District Attorney, for appellee.

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SUPREME COURT OF GEORGIA
Case No. S23G0714

February 6, 2024

The Honorable Supreme Court met pursuant to adjournment.

The following order was passed:

TRACIE UNDERWOOD v. THE STATE.

We granted certiorari primarily to address the question of
whether suppression of evidence is an available remedy for
violations of OCGA § 17-5-27. However, after reviewing the full
record in this case, we have concluded that we cannot reach that
legal issue. Specifically, after careful consideration of the full
record, the briefs of the parties, and oral argument, we cannot say
that the trial court erred when it concluded that law enforcement’s
entry into Petitioner’s house was lawful. As a result, whether OCGA
§ 17-5-30 provides a suppression remedy is not an issue that must
be decided here. Because the remaining question on certiorari—
whether law enforcement’s entry into Petitioner’s house violated
OCGA § 17-5-27, as distinct from the Fourth Amendment to the
United States Constitution—is fact-specific and thus has little
gravity outside the context of this case, the Court has determined
that the writ of certiorari issued in Case No. S23G0714 was
improvidently granted. Accordingly, the writ is vacated, and the
petition for certiorari in Case No. S23C0714 is denied.

All the Justices concur, except Pinson, J., not participating.
SUPREME COURT OF THE STATE OF GEORGIA
Clerk’s Office, Atlanta

I certify that the above is a true extract from the
minutes of the Supreme Court of Georgia.
Witness my signature and the seal of said court hereto
affixed the day and year last above written.

, Clerk

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