GA: Allegedly illegally seized journals the state agreed not to use could be used as prior inconsistent statements when def testified

Defendant’s journals were allegedly illegally seized, and the state agreed not to use them. Defendant testified, and the state sought to put the journals into evidence for impeachment as a prior inconsistent statement. When the trial court allowed it, defendant refused to submit to cross-examination. The trial court then struck the direct testimony and told the jury to disregard it. The journals weren’t put into the record, so the court considers the issue defaulted for appeal. McKoy v. State, 2018 Ga. LEXIS 175 (Mar. 15, 2018).

The search of defendant’s house that led to count 2 of the superseding indictment was the result of a valid protective sweep after an arrest. The arresting officers could show reasonable suspicion there was potentially another person there. United States v. Peten, 2018 U.S. Dist. LEXIS 41019 (M.D. Ala. Feb. 14, 2018) (R&R).