Hill v. State
306 Ga. App. 663
| Ga. Ct. App. | 2010Background
- Hill was convicted of armed robbery and the denial of his motion for new trial is on appeal.
- The State's evidence showed two robbers, one in an orange mask and one in a dark mask, who robbed Consolidated Credit.
- A newspaper publisher observed the robbers fleeing and previously noted one wore an orange cap prior to the incident.
- Burton, awaiting charges, provided information and testified Hill participated in the robbery; Fortson also implicated Hill.
- Darrell Lawrence and Fortson conversation recorded using Internet spoofware; Fortson admitted Hill’s involvement.
- Hill contends the taped conversation was illegally obtained and challenges the jury instruction on prior consistent statements; the court affirms.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of taped conversation | Hill argues the recording was illegal eavesdropping. | Hill contends Fortson/18 at time invalidates interception. | No reversible error; tape cumulative |
| Prior consistent statements instruction | Instruction based on inadmissible tape; improper. | Instruction supported by Division 1 holding. | Instruction affirmed; harmless based on admissible testimony |
Key Cases Cited
- Fetty v. State, 268 Ga. 365 (Ga. 1997) (consent to recording exceptions to eavesdropping statute)
- Sheppard v. Reid, 198 Ga.App. 703 (Ga. App. 1991) (consent to recording exceptions; juvenile considerations)
- Ellis v. State, 256 Ga. 751 (Ga. 1987) (standing to challenge recording where voice not heard)
- Taylor v. State, 263 Ga.App. 420 (Ga. App. 2003) (cumulative evidence doctrine)