PITTMAN v. the STATE.
343 Ga. App. 580
| Ga. Ct. App. | 2017Background
- Pittman was charged with entering an automobile and two counts of theft by taking based on taking the victim's purse; jury convicted on entering an automobile and acquitted on theft counts.
- Earlier, Pittman and the victim had a physical altercation on November 8, 2014; Pittman pled guilty to disorderly conduct and a simple battery charge was dismissed.
- At trial the victim testified about the prior altercation; on cross-examination defense impeached the victim by questioning whether the altercation and arrest occurred and whether a police report existed.
- The State sought to rehabilitate the victim by introducing a certified, unredacted copy of the prior accusation showing both the disorderly conduct conviction and the dismissed simple battery count.
- Pittman objected that the unredacted accusation constituted inadmissible character evidence; the trial court admitted the full accusation and denied Pittman’s motion for new trial.
- On appeal Pittman challenged only the admission of the simple battery count (arguing it was improper bad-character evidence); the Court of Appeals affirmed.
Issues
| Issue | Pittman’s Argument | State’s Argument | Held |
|---|---|---|---|
| Whether admitting an unredacted prior accusation was improper character evidence under OCGA § 24-4-404(b) | Admission of the simple battery count impermissibly put Pittman’s character in issue and was inadmissible bad-act evidence | The accusation was admissible to rehabilitate the victim’s credibility after defense impeachment and was therefore proper under § 24-4-404(b) | Admission of the unredacted accusation was proper; trial court did not abuse its discretion |
Key Cases Cited
- Hagood v. State, 228 Ga. App. 693 (trial-court evidence review standard on appeal)
- Brooks v. State, 298 Ga. 722 (standard of review for admissibility challenges)
- Peoples v. State, 295 Ga. 44 (independent bad-act evidence admissible if relevant for purpose other than propensity)
- Crane v. State, 263 Ga. 518 (inadmissible when prior accusation had no direct relevance to credibility issue)
- Robinson v. State, 275 Ga. App. 537 (State may rehabilitate a witness whose credibility was attacked)
- Palmer v. State, 330 Ga. App. 679 (prior-difficulties evidence admissible when probative connection exists)
- Thompson v. State, 295 Ga. 96 (supporting authority on admissibility of prior-difficulty evidence)