Abbott v. State

Summary

The Supreme Court of Georgia affirmed murder convictions, holding that the trial court did not plainly err in allowing a witness with a prior blood-alcohol content of .03 to testify after her BAC returned to zero, as she showed no impairment. The court also found no abuse of discretion in admitting evidence of the defendant's theft of a four-wheeler as intrinsic evidence completing the story of the crimes and showing motive, rather than improper character evidence under OCGA § 24-4-404(b). Finally, the court rejected a Brady claim for failure to disclose an alleged deal with a jailhouse informant, as the defendant offered only speculation and the record showed no agreement existed.

Holdings

1. There was no error, plain or otherwise, in allowing McCleskey to testify because she was not impaired at the time of her testimony.
2. The trial court did not abuse its discretion in admitting the theft of the four-wheeler as intrinsic evidence because it was part of the chain of events leading to the murders and provided insight into motive and premeditation.
3. No Brady violation occurred because Appellant failed to establish the existence of any deal between the State and Lehr.

Questions Presented

1. Whether the trial court erred by allowing Kelly McCleskey to testify while under the influence of alcohol.
2. Whether the trial court erred by admitting evidence of Appellant's theft of a four-wheeler as intrinsic evidence.
3. Whether the State violated Brady v. Maryland by failing to disclose an alleged agreement with witness Michael Lehr.

Disposition

affirmed