Favors v. State

Summary

The Georgia Supreme Court affirmed the denial of Dearies Favors's motion for a new trial following his convictions for malice murder and related offenses arising from the shooting death of Demarcus Booker. The court held that the trial court did not abuse its discretion by admitting a crime-scene photograph of the victim or by declining to give an immediate sympathy instruction after a prosecution witness became emotional.

Holdings

1. The trial court did not abuse its discretion by admitting the photograph because Favors did not show that the victim's physical appearance or wounds had been altered before the photograph was taken, and the photograph was relevant to show the nature and location of the injuries.
2. The trial court did not abuse its discretion by admitting the graphic photograph because its probative value was not substantially outweighed by the danger of unfair prejudice.
3. The trial court did not abuse its discretion by declining to give an immediate sympathy instruction and instead giving an objectivity-and-sympathy instruction with the final jury charge.

Questions Presented

1. Whether the trial court abused its discretion by admitting a crime-scene photograph of Booker's body when the body had been moved before the photograph was taken.
2. Whether the trial court abused its discretion by admitting the photograph under OCGA § 24-4-403 because its graphic nature allegedly created unfair prejudice.
3. Whether the trial court abused its discretion by declining to give an immediate sympathy instruction after a prosecution witness became emotional while a 911 recording was played.

Disposition

affirmed