Peak v. State, 330 Ga. App. 528

Clarence Peak was tried on counts including malice murder, felony murder, aggravated assault, and firearms possession; jury acquitted on murder counts but convicted him of voluntary manslaughter and other charges; total 25-year sentence.
The State sought to impeach Peak with two 1978 felony convictions (burglary and armed robbery); Peak objected and moved for new trial after conviction.
At trial the court admitted the 32-year-old convictions for impeachment, stating only that despite their age their probative value outweighed prejudice, without specifying facts or balancing factors on the record.
Georgia law (former OCGA § 24-9-84.1) required a stricter on-the-record showing before admitting convictions more than ten years old: the probative value must substantially outweigh prejudicial effect and be supported by specific facts and circumstances.
The credibility dispute between Peak and his daughter was central to guilt; only two witnesses testified, making any error in impeachment evidence potentially nonharmless.
The appellate court vacated the judgment and remanded for the trial court to reconsider Peak’s motion for a new trial after making the required on-the-record findings based on the Clay factors and any relevant circumstances.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Admissibility of >10‑year-old prior convictions for impeachment	State: convictions relevant to impeaching Peak’s credibility despite age; admissible	Peak: convictions are >10 years old; statute requires on-the-record findings of specific facts showing probative value substantially outweighs prejudice	Court: Trial court failed to make required on-the-record specific-findings; remand for reconsideration under Clay factors
Harmlessness of any error in admission	State: any error was harmless given overall evidence	Peak: credibility was central (only two witnesses), so admission could not be harmless	Court: Cannot say error was harmless; remand for new-trial consideration after proper findings

Harwell v. State, 270 Ga. 765 (established pre-2005 rule allowing impeachment by convictions involving moral turpitude)
Rehberger v. State, 269 Ga. 576 (describes which crimes constituted moral turpitude)
Hinton v. State, 280 Ga. 811 (explains § 24-9-84.1(b) presumption against admitting convictions over ten years old and requirement of specific findings)
Quiroz v. State, 291 Ga. App. 423 (requires express on-the-record finding when admitting <10-year-old felony convictions under statute)
Clay v. State, 290 Ga. 822 (sets five-factor test and requires specific on-the-record facts for convictions >10 years old)
Newsome v. State, 289 Ga. App. 590 (observes the heightened rigor for admitting older convictions under the statute)
Waye v. State, 326 Ga. App. 202 (discusses remand procedure when trial court failed to make required findings)
Allen v. State, 286 Ga. 392 (clarifies computation of the ten-year period for prior-conviction rule)