A Big Win for Defendants in Gang Cases

In a recent decision, the Georgia Court of Appeals delivered a major win for anyone facing gang/RICO charges — and a warning to prosecutors: You can’t use violent crimes committed by unrelated people to prove someone is in a gang.

The case, State v. Render (A25A1462), involved a hotly contested issue: whether the State could bring in evidence of a completely separate shooting — committed by people who were not on trial — to prove that a gang exists and that the defendant was in it.

The trial court said no, and the Court of Appeals agreed. This decision reinforces a critical principle: guilt must be personal — not by association.

What Happened in State v. Render?

Render was indicted based on alleged gang-related crimes. As part of its case, the State wanted to introduce evidence of a shooting committed by other people not connected to Render or his co-defendant. The State’s goal? To show that the gang — allegedly called “4PF” — was real and active.

But there was a problem.

• Render was not involved in the September shooting.
• None of the shooters were defendants in this case.
• The shooting was not part of the indictment.
• It would have required introducing a long list of new names, details, and crimes, potentially confusing the jury and inflaming their emotions.

The trial court rightly excluded the evidence, and the State appealed.

What Does Georgia Law Say About This?

The State based its argument on OCGA § 16-15-9, a statute that allows evidence of gang activity — even by others — to be used in trials to prove the existence of a gang.

But the Supreme Court of Georgia has already ruled that this statute is unconstitutional when used to admit convictions or crimes by people who are not on trial and not testifying. That’s because it violates the defendant’s rights under the Confrontation Clause of the Constitution.

In Render’s case, the Court of Appeals followed that reasoning and emphasized another key point:

Even if the evidence might have some relevance, it can still be excluded under OCGA § 24-4-403 if it’s too prejudicial, confusing, or inflammatory.

That’s exactly what the trial court found here — and the appellate court agreed.

Why This Ruling Matters

This case sends a clear message: Prosecutors must stick to the facts of the case and the actions of the defendant.

They cannot use fear, stereotypes, or unrelated crimes to suggest that someone is guilty just because they’re accused of being in a gang.

The ruling helps ensure that:

• Defendants are judged based on their own conduct — not the actions of others.
• Trials remain fair and focused, not driven by prejudice or unrelated violence.
• The State doesn’t overreach in gang prosecutions by flooding the courtroom with irrelevant and emotionally charged evidence.

What This Means for People Facing Gang Charges in Georgia

If you or someone you know is facing a Gang/RICO charge in Georgia, this ruling is important. It confirms that:

• The government cannot bring in every violent crime ever committed by anyone allegedly tied to a gang.
• Courts are willing to protect the fairness of trials and the rights of defendants — even in emotionally charged gang cases.
• Strong legal defense can limit the misuse of gang statutes and challenge overbroad prosecution tactics.

Bottom Line

State v. Render is a big step toward restoring fairness in Georgia’s gang trials. It reins in the use of sweeping, unrelated gang evidence and ensures the focus stays where it belongs: on what the defendant actually did.

We’ll continue to monitor how Georgia courts apply this ruling, but for now, this is a decision worth celebrating — and using in future defense strategies.

If you’re facing gang-related charges or want to understand your rights under Georgia law, contact a qualified criminal defense attorney. The law is complex, but your rights are clear — and worth fighting for.