Puckett v. State, 303 Ga. 719

In April 2008 Kevin Puckett shot and killed his father Luther in the family home; Puckett’s then-3-year-old son Austin witnessed the shooting.
Police found a Glock in Puckett’s bedroom; ballistics matched the gun to the bullets and casings recovered from the scene.
Puckett initially lied about his whereabouts but later admitted retrieving a gun, shooting, and hiding it, and telling a sister he didn’t mean to kill him but wanted to hurt him.
Austin and other family members testified at the 2012 trial; Austin gave eyewitness testimony at age seven.
A photograph of books in Puckett’s bedroom (including two crime-related titles) and testimony from Austin’s treating psychologist about prior statements by Austin were admitted at trial.
Puckett was convicted of malice murder, felony murder (vacated by operation of law), and family-violence aggravated assault; he appealed arguing evidentiary errors concerning the photograph and alleged improper bolstering of Austin’s testimony.

Issue	Puckett's Argument	State's Argument	Held
Admission of bedroom photograph showing two crime-related books	Photo was irrelevant and unduly prejudicial; implied homicidal interest	Even if admissibility debatable, any error was harmless given overwhelming evidence	Admission, if error, was harmless; conviction stands
Testimony of treating psychologist recounting Austin’s prior statements	Testimony impermissibly bolstered Austin because his veracity wasn’t placed in issue on cross	Puckett did place Austin’s veracity in issue by questioning possible influence/fabrication; prior consistent statements therefore admissible under old Evidence Code	No abuse of discretion to admit psychologist’s testimony; alternatively harmless because cumulative and evidence of guilt overwhelming

Jackson v. Virginia, 443 U.S. 307 (established sufficiency-of-the-evidence standard)
McClure v. State, 278 Ga. 411 (admission of possibly prejudicial evidence harmless when evidence of guilt overwhelming)
Woodard v. State, 269 Ga. 317 (prior consistent statements admissible only when veracity placed in issue; discussed old Evidence Code rule)
Cowart v. State, 294 Ga. 333 (application of prior-consistent-statement principles)
Kidd v. State, 292 Ga. 259 (prior consistent statement admissible to rebut charges of fabrication/influence)
Rutledge v. State, 298 Ga. 37 (hearsay that is cumulative of other testimony is harmless)
London v. State, 274 Ga. 91 (admission of cumulative hearsay harmless where guilt overwhelming)
Malcolm v. State, 263 Ga. 369 (procedural note on merger/vacatur of counts)
Bunn v. State, 291 Ga. 183 (overruling on other grounds noted in opinion)