Oliver v. State
329 Ga. App. 377
Ga. Ct. App.2014Background
- Oliver was convicted by a jury of voluntary manslaughter, aggravated assault, criminal trespass, and possession of a firearm during the commission of a felony.
- Oliver sought to introduce Reese’s propensity for violence to support a self-defense claim, but the trial court reserved ruling and later excluded the evidence.
- The shooting occurred after Oliver forcibly entered Donald’s apartment and pursued her upstairs, where Reese confronted him and was fatally shot by Oliver.
- Oliver argued self-defense; the State alleged Oliver was the aggressor by entering uninvited and forcing entry.
- The trial court applied Georgia’s Evidence Code, requiring prima facie showing of self-defense before admitting reputation or specific-acts about the victim.
- On appeal, Oliver challenged the evidentiary ruling as an abuse of discretion; the court affirmed the convictions, holding no reversible error.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court properly excluded Reese’s violent-acts evidence | Oliver argues 404(a)(2) allows reputation or specific acts to rebut victim’s violence | Oliver failed to show self-defense prima facie; evidence not admissible | No reversible error; prima facie self-defense not shown |
Key Cases Cited
- Powell v. State, 310 Ga. App. 144 (Ga. App. 2011) (admission of evidence reviewed for abuse of discretion)
- Martinez v. State, 306 Ga. App. 512 (Ga. App. 2010) (admission of evidence under 404/405 discussed)
- Burgess v. State, 292 Ga. 821 (Ga. 2013) (abuse-of-discretion standard for evidentiary rulings)
- State v. Pickett, 288 Ga. 674 (Ga. 2011) (self-defense prima facie showing required for admissibility)
- Williams v. State, 277 Ga. 598 (Ga. 2004) (prima facie self-defense requirement for victim’s prior acts)
- Jones v. State, 326 Ga. App. 658 (Ga. App. 2014) (considerations in applying 404 and 405 together)