Nuckles' attorney argued that the videos represent “unlawful surveillance.” Lower courts have so far refused to suppress the video. The Supreme Court heard the case Tuesday to consider Nuckles' appeal.
Nuckles, a former LPN, was charged with depriving an elder person of essential services. Another worker was charged with felony murder and neglect to an elder person, and a third worker was also charged with elder neglect. All three women were also accused of concealing the death of another. Without the video, prosecutors would have difficulty proving the case.
Nuckles' attorney argued that allowing the video to be used would open up the possibility of Georgians being able to make secret recordings in all sorts of settings without informing those being filmed. But the state argued that the law allows the recording to be used in the criminal case.
The Georgia General Assembly blocked a bill that would have allowed families to keep tabs on loved ones in nursing homes through so-called “granny cams.”
The Georgia Health Care Association filed an amicus brief in support of Nuckles' argument, while also describing the actions captured on video as “appalling." The association, which represents the state’s nursing home operators, said that upholding the lower court’s interpretation of the law could usher in “an environment of eavesdropping in all facets of health care and other aspects of our daily lives.”