Roseberry v. State, 274 Ga. 301

Summary

The Supreme Court of Georgia affirmed Tremayne Roseberry's convictions for felony murder and armed robbery. The court held that evidence concerning the victim's alleged illegal activities was properly excluded because Roseberry failed to establish a factual nexus connecting that evidence to his alternate theory of the crime. The court also rejected or declined to reach challenges concerning cumulative testimony, hearsay objections, and a jury-service videotape shown before voir dire.

Holdings

1. The evidence was sufficient for a rational trier of fact to find Roseberry guilty of felony murder and armed robbery.
2. Evidence impugning a murder victim's character is inadmissible unless the proponent establishes a sufficient factual nexus between the evidence and the proposition for which it is offered; speculation alone is insufficient.
3. The trial court did not abuse its discretion by admitting the victim's repeated descriptions of the robbers over Roseberry's objection that two of the five descriptions were cumulative.
4. Roseberry waived the hearsay objections he raised for the first time on appeal by failing to assert them during the motion in limine hearing or at trial.
5. Playing the jury-service videotape before voir dire did not constitute reversible error or improperly taint the jury venire.

Questions Presented

1. Whether the trial court improperly excluded evidence concerning the victim's character and financial, alcohol-sales, and drug-dealer-related circumstances.
2. Whether the evidence was sufficient to support Roseberry's felony-murder and armed-robbery convictions.
3. Whether the trial court improperly admitted the victim's repeated descriptions of the robbers as cumulative or hearsay evidence.
4. Whether playing a jury-service videotape containing the phrase "no criminals would be brought to justice" improperly tainted the jury venire.

Disposition

affirmed