Holloman v. State
291 Ga. 338
| Ga. | 2012Background
- Hines, Justice. Holloman appeals felony murder conviction during aggravated assault and denial of his motion for new trial related to Calloway stabbing.
- Event date: May 17, 2008, Holloman argued with Calloway; Holloman stabbed Calloway with a knife; Calloway died.
- Physical evidence: Holloman’s shirt and knife with Calloway’s DNA; wounds consistent with a knife.
- Prior similar incident: about a month earlier, Holloman stabbed Rufus Jones in the back after an argument.
- Trial proceedings: issues include sequestration of a GBI agent, admission of photographs, prior convictions, and similar-transaction evidence; post-trial questions on jury instructions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence for felony murder | Holloman contends insufficient link to felony murder | State argues evidence supports guilt | Evidence sufficient to convict Holloman beyond a reasonable doubt |
| GBI agent sequestration and presence at trial | State’s need for primary investigator justified presence | Presence violated rule of sequestration | No abuse of discretion; sequestration allowed in discretion of trial court |
| Admission of autopsy/near-autopsy photographs | Photos are prejudicial; not all were autopsy-related | Photos relevant to injuries; admissible | Photographs admissible; court acted within discretion |
| Admission of Holloman's older convictions | Older convictions admissible under OCGA 24-9-84.1 for impeachment | Constitutional/ten-year rule prohibits older convictions absent justice-based showing | Admissions proper for impeachment under statute; no error |
| Admission of similar-transaction evidence (Jones incident) | Evidence shows Holloman’s bent of mind and conduct | Risk of improper character evidence; not for identity | Court did not abuse discretion; similar-transaction evidence proper under standards |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (U.S. Supreme Court 1979) (sufficiency of evidence standard for guilty verdicts)
- Warner v. State, 281 Ga. 763 (Ga. 2007) (no abuse of discretion in allowing non-sequestered witness when needed for case)
- Carter v. State, 271 Ga. App. 588 (Ga. App. 2005) (trial court discretion on allowing in-court expert/witness presence)
- Hardy v. State, 245 Ga. 673 (Ga. 1980) (witness order of testimony within court’s discretion)
- Stuart v. State, 123 Ga. App. 311 (Ga. App. 1971) (control of trial proceedings regarding witness order)
- Banks v. State, 281 Ga. 678 (Ga. 2007) (photographs showing injuries admissible for relevance)
- Roberts v. State, 282 Ga. 548 (Ga. 2007) (photographs admissible even if duplicative or inflammatory)
- McNeal v. State, 289 Ga. 711 (Ga. 2011) (impeachment scope of prior crimes)
- McNaughton v. State, 290 Ga. 894 (Ga. 2012) (standard for admitting similar-transaction evidence)
- Neal v. State, 290 Ga. 563 (Ga. 2012) (degree of similarity for relevant conduct evidence)