Amey v. State
331 Ga. App. 244
| Ga. Ct. App. | 2015Background
- Amey was convicted of armed robbery, aggravated assault, possession of a firearm during a felony, and possession of a firearm by a first offender probationer following a 2011 incident.
- The 2011 offenses involved a woman robbed at an apartment complex; the State introduced evidence of a 2008 attempted robbery as a prior crime.
- Amey was stopped in a red Dodge Magnum in 2011, with a handgun found in the vehicle during a later search.
- A photographic lineup identifying Amey occurred after the 2011 stop, with the victim stating she was more than 50% sure she identified him as the robber.
- The 2008 attempted robbery occurred outside a home, with a different but related factual scenario, and none of the victim’s belongings were recovered in 2011.
- The trial court admitted the 2008 attempted robbery evidence for purposes including identity, motive, and opportunity, over Amey’s continuing objection.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the 2008 attempted robbery was admissible under Rule 404(b). | Amey; improper purpose not proven. | Amey; evidence relevant to motive/identity/opp. | Reversed admission; no proper purpose proven. |
| Whether any admission of the prior act was harmless error. | Amey; error not harmless due to weak linkage. | State; evidence probative for identity/motive. | Harmless error not established; reversal affirmed. |
Key Cases Cited
- Parker v. State, 296 Ga. 586 (Ga. 2015) (mirrors federal rules guidance on evidence admissibility)
- Jones v. State, 326 Ga. App. 658 (Ga. App. 2014) (evidence rules for other crimes; applicability limits)
- Bradshaw v. State, 296 Ga. 650 (Ga. 2015) (tests for Rule 404(b) admissibility and balancing)
- Harper v. State, 330 Ga. App. 561 (Ga. App. 2015) (identity-proof requirements for other-crimes evidence)
- Lail v. United States, 846 F.2d 1299 (11th Cir. 1988) (signature/identity concerns in prior-act evidence)