Opinion

Brown v. State

  • 260 Ga. 153
  • 391 S.E.2d 113
Court
Supreme Court of Georgia
Filed
May 10, 1990
Status
Published
Author
Fletcher
On the bench
Weltner, Bell, Fletcher
Cited by
33 cases
Authority
More cited than 12.7%

denial of funds to obtain independent psychiatric evaluation affirmed where defendant failed to rebut court-ordered psychiatrist’s conclusion that he was sane

How later courts described this case

  • denial of funds to obtain independent psychiatric evaluation affirmed where defendant failed to rebut court-ordered psychiatrist’s conclusion that he was sane
  • indigent defendant’s right to expert assistance is not a “right to choose a psychiatrist of his personal liking or to receive funds to hire his own”
  • under former OCGA § 24-9-82, “a witness may not be impeached based upon a discrepancy relating to a wholly immaterial matter”

Written by the judges who cited it.

The opinion

Fletcher, Justice,

dissenting.

I respectfully dissent as to Division 6 and the judgment of the majority opinion.

The trial court admitted seven color photographs showing the condition and position of the victim’s body after its discovery in a wooded area. Appellant objected to the admission of only one of these photographs on the grounds that its prejudicial effect outweighed its probative value.

This grisly photograph, depicting the mutilation of the victim’s face through decomposition and animal and insect infestation, is spectacularly gruesome and is clearly not evidence essential to the proof of the state’s case. Ramey v. State, 250 Ga. 455, 457-58 ( 298 SE2d 503 ) (1983) (Weltner, J., dissenting). Rather, it shows the ashen, partially skeletal remains of the victim’s skull with maggots around the socket where her left eye used to be and around other portions of her head.

The trial court admitted the photograph along with others of her body as it understood “these are different views of the body at the scene”; however, in my opinion, its introduction is so prejudicial and so inflammatory as to constitute reversible error.

The material facts the State contends this photograph establishes not only could have been proven by other witnesses available to the State, including the person who discovered the body and the investigating officers, but were in fact established by the testimony of the pathologist who performed the autopsy. Therefore, the only purpose for the introduction of the photograph appears to have been to inflame the jury both during the trial and during its deliberation. Fundamental fairness demands more from our system of justice, therefore, I would reverse.

I am authorized to state that Justice Weltner and Justice Bell join in this dissent.

*159 Decided May 10, 1990.

Bailey & Bearden, J. Lane Bearden, for appellant.

Darrell E. Wilson, District Attorney, Mickey R. Thacker, Assistant District Attorney, Michael J. Bowers, Attorney General, Richard C. Litwin, for appellee.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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