Baptiste v. State
288 Ga. 653
| Ga. | 2011Background
- Baptiste was convicted in 2003 of felony murder for Herrera; Garcia killed in Douglas County in November 2002.
- Evidence linked Baptiste to the crimes via his pickup truck, a Davis derringer, tire tracks, and blood DNA on truck components.
- Store video and a tire purchase place Baptiste with Herrera and Garcia in a red extended-cab pickup shortly before discovery of the bodies; Herrera's girlfriend called him from a cellular phone registered to Baptiste.
- Witnesses testified Baptiste owned the truck, replaced tires and bedliner shortly after the murders, and had cocaine sales connections with Herrera; cocaine wrappers found at Baptiste's home.
- A pawn broker testified Baptiste bought two Davis derringers previously; blood matched Herrera; Baptiste allegedly stated Herrera stole cocaine when interviewed by police.
- Trial evidence, including physical, financial, and testimonial links, sufficed to convict Baptiste of felony murder.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Validity of suppression on home/truck and wiretap | Warrants based on unsigned affidavits; missing originals; content questionable. | photocopied warrants and testimony show affidavits were sworn; secondary evidence admissible due to lost originals. | Suppression denied; secondary evidence properly admitted. |
| Hearsay in re-direct testimony about informant | Hearsay improperly admitted to impeach defense; prejudicial error. | Defense acquiesced when ruling allowed it; error waived. | No reversible error due to defense acquiescence. |
| Admission of DEA informant statements via agent | Hearsay statements should have been excluded. | Evidence admitted as part of proper investigation; no error. | No reversible error; issue not preserved or harmless. |
| Instruction on party to a crime | No evidence of co-conspirators; instruction improper. | Evidence supported instruction; properly given. | Instruction properly given; supported by evidence. |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (U.S. Supreme Court 1979) (standard for reviewing sufficiency of evidence)
- Gray v. State, 926 So.2d 961 (Miss. Ct. App. 2006) (record supports finding of executed affidavit when original is lost)
- McGee v. State, 260 Ga. 178 (Ga. 1990) (best evidence and secondary evidence rules; lost originals)
- Summerour v. State, 211 Ga. App. 65 (Ga. App. 1993) (admission of secondary evidence concerning missing document not abuse)
- People v. Galland, 197 P.3d 736 (Cal. 2008) (absence of affidavit does not invalidate warrant when contents can be proved)