Boothe v. State
293 Ga. 285
| Ga. | 2013Background
- On Oct. 31, 2007 Geneva Strickland was found dead; bound with long zip ties and an Ace bandage around her mouth that contained a blue latex glove. Cause of death: carbon monoxide poisoning with suffocation/affixial restraint.
- Witness Torie Gertsch saw a white man and a black man near the house the night of the fire, later gave descriptions to a GBI sketch artist; original sketches were not produced at trial and the State admitted photocopies over objection.
- Appellant Timothy Boothe’s nuclear DNA matched DNA found inside the blue latex glove; mitochondrial DNA from a hair on a black mask found in the yard matched Boothe’s mDNA.
- Other evidence: Boothe had formerly worked at the victim’s home and used similar gloves and zip ties; he engaged in a standoff when officers arrested him.
- Trial and post-trial posture: after a mistrial at first trial, Boothe was convicted at retrial of malice murder and related counts and sentenced to life; appeal challenges admission of sketch copies (best evidence), limits on drug-use impeachment, and ineffective assistance for not discovering witness felonies.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Boothe) | Held |
|---|---|---|---|
| Admissibility of photocopied police sketches under old "best evidence" rule | Copies were sufficient / any error harmless given other evidence | Admission of copies violated former OCGA § 24-5-4(a); originals not accounted for, so error | Assuming error, it was harmless beyond a reasonable probability of affecting verdict; convictions affirmed |
| Whether a police sketch qualifies as a "writing" under former best-evidence rule | Sketches akin to pictures (not writings); rule may not apply | Sketches are hand-produced and thus qualify as writings requiring originals | Court declines to decide categorically; treats question as close but assumes arguendo that rule applied and finds any error harmless |
| Limitation on cross-examining witness about prior drug use | Limitation proper where no trial evidence showed drugs affected perception; cross allowed re: being under influence at relevant times | Gertsch’s prior drug use would bear on memory; defense should be able to impeach generally | Trial court did not abuse discretion limiting inquiry to whether witness was under influence at relevant times; any error harmless given other impeachment and weak value of her testimony |
| Ineffective assistance for failing to discover witness’s prior felonies | Even if counsel was deficient, prejudice not shown because witness was weak and forensic evidence was strong | Counsel failed to locate four prior felonies that would have impeached Gertsch; this could have affected jurors | No Strickland prejudice shown; motion for new trial denied and conviction affirmed |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (standard for sufficiency of evidence review)
- Lindsey v. State, 282 Ga. 447 (harmless-error standard for non-constitutional evidentiary error)
- Clark v. State, 271 Ga. 6 (application of best-evidence rule when contents of a writing are material)
- Merrill Lynch, Pierce, Fenner & Smith v. Zimmerman, 248 Ga. 580 (duplicate admissibility only when original unavailable through no fault of proponent)
- Smith v. State, 236 Ga. 5 (best-evidence rule did not apply to photographs)
- Vega v. State, 285 Ga. 32 (jury credibility determinations govern conflicts in evidence)
- Strickland v. Washington, 466 U.S. 668 (ineffective assistance two-prong test)
- People v. Garcia, 201 Cal. App. 3d 324 (California case treating police sketch as a "writing" under that state’s statute)