Coleman v. State

348 S.E.2d 70, 179 Ga. App. 834, 1986 Ga. App. LEXIS 2674
CourtCourt of Appeals of Georgia
DecidedJune 24, 1986
Docket71841
StatusPublished
Cited by2 cases

This text of 348 S.E.2d 70 (Coleman v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Coleman v. State, 348 S.E.2d 70, 179 Ga. App. 834, 1986 Ga. App. LEXIS 2674 (Ga. Ct. App. 1986).

Opinion

McMurray, Presiding Judge.

The defendant was convicted of the offense of aggravated battery upon his wife, Joyce Buckson (the victim). The evidence adduced at trial revealed the following: During the afternoon of September 6, 1984, the defendant and his wife experienced a series of violent domestic quarrels. Later that evening, the defendant returned home with a handgun and shot his wife in the face, in the shoulder and in the chest. As a result of the shooting, the victim lost her right eye, suffered permanent facial scarring, sustained a fractured rib, a collapsed lung, and continues to suffer from numbness on the right side of her body.

At trial, the victim described the following events surrounding the shooting: “[H]e came in through the garage into the kitchen . . . [a]nd he said, ‘Joyce, I’m tired of you. I’m gonna kill you.’ The mo[835]*835ment he said that, he shot me . . . somewhere in my face. ... I turned and he shot me again . . . and he said, ‘Joyce, didn’t I tell you I was gonna kill you?’ And then that’s when I felt the gun in my side and he shot me again. At that time, I said, ‘Oh, my God! What in the world? What is he trying to do?’ . . . [T]hen I turned and I went back into the den, and I just sat down and I dropped my head. And immediately when I did that, he got on the phone. The only thing I heard was ‘wife’ and ‘shot’ and I just blanked out . . . [W]hen I woke up, I was in the ambulance.”

The defendant testified that the victim assaulted him with a knife and then he shot her in self-defense. The jury rejected this explanation and found the defendant guilty of the offense of aggravated battery as charged. The trial court denied the defendant’s motion for new trial and this appeal followed. Held:

1. In his first enumeration of error, the defendant contends that the trial court erred in allowing Detective Thomas Gill of the Hines-ville Police Department to testify as an expert in the field of crime scene investigation and reconstruction. “Whether or not a witness is allowed to testify as an expert is a question for the sound discretion of the trial court and such discretion, unless abused, will not be disturbed. Rouse v. Fussell, 106 Ga. App. 259 (4) (126 SE2d 830). Generally nothing more is required to entitle one to give testimony as an expert than that he has been educated in the particular trade or profession; and special knowledge involving a particular subject may be derived from experience as well as study and mental application. Carter v. Marble Products, Inc., 179 Ga. 122 (1) (175 SE 480); Frazier v. State, 138 Ga. App. 640, 645 (227 SE2d 284).” Dennis v. State, 158 Ga. App. 142, 143 (3) (279 SE2d 275).

In the case sub judice, the record shows that Detective Gill has had extensive training and experience in criminal investigation and crime-scene reconstruction. Consequently, the trial court did not abuse its discretion in recognizing Detective Gill as an expert.

2. The defendant argues that the trial court erred in permitting Detective Gill to give his opinion, as an expert witness, concerning the location of the victim in the house when she was shot and whether the victim was holding a knife at the time of the shooting. The defendant argues that these conclusions could have been drawn by the jurors without the assistance of expert testimony. See Williams v. State, 254 Ga. 508, 510 (2) (330 SE2d 353) and Fordham v. State, 254 Ga. 59 (4) (325 SE2d 755). We disagree. Detective Gill drew his conclusion from the location of the bullet slugs found in the house, blood smears and blood stains found on the walls and furnishings of the house and the blood pattern found on the knife with which the victim allegedly attacked the defendant. (Comparing this evidence with the statement given by the defendant and the testimony of the victim, [836]*836Detective Gill was able to piece together the sequence of events surrounding the shooting.) Detective Gill’s testimony was accompanied by a complex and detailed explanation of how the above-described physical evidence led to his factual conclusions. It is apparent from his explanative testimony that the witness was able to “read” the physical evidence and draw his conclusions only as a result of his experience and training in the field of criminal investigation and crime-scene reconstruction. It is equally apparent that Detective Gill’s conclusions, based on the physical evidence presented at trial, were “ ‘beyond the ken of the average layman.’ [Fordham v. State, 254 Ga. 59 (4), supra.]” Williams v. State, 254 Ga. 508, 510 (2), supra. Contrary to the defendant’s argument, absent an explanation of the physical evidence found at the crime scene, the jury would have been faced with translating seemingly meaningless facts into possibly erroneous conclusions, or ignoring the physical evidence altogether. Consequently, we find that the trial court did not err in allowing Detective Gill to testify as to his opinion based on the facts presented at trial. See Nassar v. State, 253 Ga. 35 (3) (315 SE2d 903); Buie v. State, 254 Ga. 167, 169 (4) (326 SE2d 458). Compare Williams v. State, 254 Ga. 508, 510 (2), supra.

3. Next, the defendant contends that Detective Gill improperly based his opinions on evidence and opinions presented by the victim. This argument is without merit. The record shows that Detective Gill properly based his opinion on the physical evidence he observed at the crime scene, statements made by the defendant and the testimony of the victim at trial. See OCGA § 24-9-67. There is nothing in the record to indicate that the basis of the witness’ opinion was drawn from conclusions drawn by the victim.

4. In his sixth enumeration of error, the defendant challenges the use of a statement he made while in police custody. The defendant argues that he gave the statement after he had requested an attorney and therefore admission of the statement at trial was a violation of the rule set out in Edwards v. Arizona, 451 TJ. S. 477 (101 SC 1880, 68 LE2d 378).1

At the Jackson v. Denno, 378 U. S. 368 (84 SC 1774, 12 LE2d 908), hearing conducted by the trial court, the evidence showed that the defendant made two in-custody statements to the police. After [837]*837the defendant made the first statement, he was asked by the interrogating officer if he would repeat the statement so that it could be tape recorded. The defendant stated “that he did not want to tape his statement until he talked to a lawyer.” The interview was immediately terminated and the defendant was taken to a jail cell. The next day the police went to the defendant and advised him of his Miranda v. Arizona, 384 U. S. 436 (86 SC 1602, 16 LE2d 694), rights, offered him an opportunity to call a lawyer and asked if he would answer some questions. The defendant stated that he understood his rights, that he did not want to talk to a lawyer and that he would answer questions about the shooting. From these facts, the trial court questioned whether the defendant had invoked his right to counsel for all further police interrogation. In this regard, the trial judge asked the interrogating officer the following questions: “THE COURT: When the defendant first mentioned an attorney, what did he say? A.

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Related

Roper v. State
375 S.E.2d 600 (Supreme Court of Georgia, 1989)
Coleman v. State
357 S.E.2d 566 (Supreme Court of Georgia, 1987)

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Bluebook (online)
348 S.E.2d 70, 179 Ga. App. 834, 1986 Ga. App. LEXIS 2674, Counsel Stack Legal Research, https://law.counselstack.com/opinion/coleman-v-state-gactapp-1986.