York v. the State
329 Ga. App. 278
Ga. Ct. App.2014Background
- Defendant Abdurraashiyd York was convicted by a jury of two counts of burglary of convenience stores.
- Co-defendant/witness Christina Craig pled guilty and testified for the prosecution that she drove York and another accomplice to the stores and was arrested fleeing the scene.
- On cross-examination defense impeached Craig about her plea deal and whether she drove willingly; defense asked if a gun was used or if she had been threatened.
- Craig testified she and family members had been threatened and that the threats came from people connected to York (she did not explicitly say York threatened her).
- On redirect the prosecutor elicited testimony that York is in a gang and members of that gang made the threats.
- York moved for a mistrial based on the gang-threat testimony; the trial court denied the motion, finding the defense had "opened the door." York appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a mistrial was required because a witness testified on redirect that threats came from members of York’s gang | The State: testimony was responsive to defense questioning and permissible after defendant opened the door | York: gang-threat testimony was prejudicial and warranted mistrial | Denied — court found defense opened the door and no abuse of discretion |
| Whether defense "opened the door" to further inquiry about threats by impeaching the witness | The State: defense raised the threats and impeached motive, allowing follow-up | York: defense questioning did not authorize disclosure of gang affiliation or details | Held that defense opened the door; prosecution properly pursued the line of inquiry |
Key Cases Cited
- Gorman v. State, 318 Ga. App. 535 (trial court’s mistrial decision reviewed for abuse of discretion)
- Cantera v. State, 304 Ga. App. 289 (defendant may not exclude further details on topics he introduced)
- Doyle v. State, 291 Ga. 729 (prosecution may pursue thorough examination where defendant opened the door)
- McWhorter v. State, 271 Ga. 461 (opening-the-door doctrine permits inquiry into existence and details of threats)
- Allison v. State, 296 Ga. App. 379 (defense opened door to witness explaining prior threats on redirect)