Hopkins v. State
309 Ga. App. 298
Ga. Ct. App.2011Background
- Hopkins was convicted of theft by shoplifting, with the charged conduct occurring at a Home Depot on November 29, 2007 and related conduct on December 19, 2007 involving copper wire.
- The State presented evidence of the two similar transactions showing Hopkins pushing carts with copper wire toward the exit rather than the cash register, triggering store alarms and leading to arrests.
- Hopkins testified he was following his employer's instructions and had no intent to steal during the charged incident; he claimed he was loading wire for the employer and left after becoming tired of waiting.
- To impeach Hopkins, the State introduced a certified copy of his prior burglary conviction from 1995, arguing credibility and intent regarding the charged theft.
- The burglary conviction was conceded by the State to fall outside the ten-year limit, but the trial court reserved discretion to admit it if its probative value substantially outweighed prejudice, given justice and specific circumstances.
- The court charged the jury on credibility, reasonable doubt, presumption of innocence, and related issues, and Hopkins requested a jury instruction on reconciling conflicting testimony which the court declined.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether admissibility of the burglary conviction for impeachment was proper | Hopkins: prejudice outweighs probative value; error to admit. | State: trial court correctly exercised discretion under OCGA 24-9-84.1(b); probative value outweighed prejudice. | Admission not abused; probative value outweighed prejudice; within discretion. |
| Whether the trial court erred in refusing Hopkins's jury instruction on reconciling conflicting testimony | Hopkins: instruction correct and appropriate to issue. | State: instruction improper or unnecessary per case law. | No reversible error; final charge adequately covered the principle of credibility. |
Key Cases Cited
- Newsome v. State, 289 Ga.App. 590 (2008) (standard for admitting impeachment evidence; discretion of trial court)
- Treadwell v. State, 285 Ga. 736 (2009) (ten-year rule and balancing test for older convictions)
- McNabb v. State, 292 Ga.App. 395 (2008) (impeachment and discretion considerations)
- Tate v. State, 289 Ga.App. 479 (2008) (precedent on impeachment and probative value)
- Noggle v. State, 286 Ga. 484 (2010) (presumption of truthfulness concern in jury instructions)
- Mallory v. State, 271 Ga. 150 (1999) (reconciliation of conflicting testimony and credibility instruction)
- Butler v. State, 294 Ga.App. 540 (2008) (analysis of credibility instructions and related issues)
- Tran v. State, 246 Ga.App. 153 (2000) (requirements for jury instructions on credibility)