Dunn v. State
292 Ga. 359
| Ga. | 2013Background
- Victim died February 15, 2010 from three stab wounds, allegedly inflicted by appellant during a custody exchange in a parking lot.
- Daughter testimony described threats by appellant and witnessing the assault; other witnesses saw appellant over the victim and a knife later found in the truck.
- Medical autopsy linked the knife to the victim’s wounds; the medical examiner testified to the manner and cause of death.
- Appellant was convicted of malice murder and two counts of third-degree child cruelty; felony murder conviction vacated and aggravated assault merged into malice murder.
- Appellant’s trial included evidence of a 2011 prior conviction for aggravated assault and aggravated battery against the victim.
- Appellant sought to admit the victim’s blood alcohol level at death to argue provocation; the trial court excluded this evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admission of prior acts evidence | Dunn argues Smith failed to require a hearing; prior acts admissible to show relationship and motive. | Dunn contends admission without a 31.1/31.3 hearing and lack of contemporaneous instruction were reversible errors. | Admission proper; contemporaneous instruction not required absent request. |
| Limiting instruction on prior difficulties | Contemporaneous instruction should have been given for prior difficulties. | No contemporaneous instruction requested; final instructions included limiting instruction. | No error for lack of contemporaneous instruction. |
| Evidence of victim's blood alcohol level | BAC evidence would support provocation defense under OCGA 16-5-2(a). | There was insufficient evidence of the chemical's effect on victim’s behavior to admit the evidence. | Excluded due to lack of demonstrable effect on behavior; evidence properly excluded. |
Key Cases Cited
- Smith v. State, 270 Ga. 123 (1998) (hearing prerequisite for similar-act evidence)
- Wall v. State, 269 Ga. 506 (1998) (evidence of prior acts admissible to show relationship, motive, bent of mind)
- Laney v. State, 271 Ga. 194 (1999) (no contemporaneous instruction required without request)
- McWilliams v. State, 280 Ga. 724 (2006) (admissibility of BAC evidence when effect is competent)
- Webb v. State, 284 Ga. 122 (2008) (limits on admission of alcohol-related evidence)
- Robinson v. State, 272 Ga. 131 (2000) (evidence of victim's alcohol use considerations)
- Jackson v. Virginia, 443 U.S. 307 (1979) (sufficiency of evidence standard for criminal conviction)