Summary
This Supreme Court of Georgia opinion addresses whether a trial court committed plain error by admitting unobjected-to hearsay testimony from police officers recounting witness statements at a crime scene. Reviewing under the plain error standard, the Court examines OCGA § 24-8-802 and finds that no controlling authority clearly required the trial court to exclude the hearsay sua sponte. Consequently, the appellant cannot demonstrate clear and obvious error, and the Court affirms his felony murder and aggravated assault convictions.
Topics
Practice areas
Questions Presented
- Whether the trial court erred by admitting unobjected‑to hearsay testimony from police officers under OCGA §24‑8‑802.
Holdings
- The trial court did not commit clear and obvious error; unobjected‑to hearsay is admissible under Rule 802, and no controlling authority required exclusion.
Key quotations
“Rule 802 thus says in plain language that hearsay evidence “shall be legal evidence and admissible” if no proper objection is made, which indicates that it is not error for a trial court to fail to exclude it.”
“To show plain error, Dees must show that the trial court made an error that (1) was not affirmatively waived, (2) was “clear and obvious,” which generally means there must be “on‑point controlling authority” … (4) “seriously affected the fairness, integrity, or public reputation of judicial proceedings.””
Factual background
On May 16, 2021, Dees attacked Jimmy Vance with a hammer in Vance's yard, causing Vance's death a few days later. Four neighbors observed or heard the attack and identified Dees. Police officers later testified about what those witnesses told them.
Procedural history
Dees was convicted in a Rockdale County trial court. He filed a motion for a new trial, which was denied. He timely appealed to the Supreme Court of Georgia.