Summary
The Supreme Court of Georgia affirmed Kevin Lamar Hooper's convictions for malice murder and related offenses. The court held that a witness's prior nolo contendere plea to misdemeanor shoplifting could not be used for impeachment and that Hooper was not entitled to a jury instruction on involuntary manslaughter because he claimed self-defense.
Holdings
- A witness's prior nolo contendere plea may not be used for impeachment because Georgia law prohibits using such a plea against the defendant in any other court or proceeding for any purpose.
- A defendant who seeks to justify a homicide under the self-defense statute is not entitled to an additional instruction on involuntary manslaughter in the commission of a lawful act, regardless of the instrument used to cause death.
Questions Presented
- Whether the trial court erred by refusing to allow Hooper to impeach the State's witness with the witness's prior nolo contendere plea to misdemeanor shoplifting.
- Whether the trial court erred by refusing to instruct the jury on involuntary manslaughter where Hooper claimed that he used a knife in self-defense.
Disposition
affirmed
Cases Cited (6)
- Jackson v. Virginia, 443 U.S. 307, 99 S. Ct. 2781, 61 L. Ed. 2d 560 (1979)(followed)
- Hudson v. State, 284 Ga. 595(1), 669 S.E.2d 94 (2008)(followed)
- Pitmon v. State, 265 Ga. App. 655, 659(2), 595 S.E.2d 360 (2004)(followed)
- Crawford v. State, 245 Ga. 89(3), 263 S.E.2d 131 (1980)(distinguished)
- Saylors v. State, 251 Ga. 735, 737(3), 309 S.E.2d 796 (1983)(followed)
- Malcolm v. State, 263 Ga. 369(4), 434 S.E.2d 479 (1993)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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