Ramey v. State

298 S.E.2d 503, 250 Ga. 455, 1983 Ga. LEXIS 552

• Court: Supreme Court of Georgia
• Decided: January 6, 1983
• Docket: 39061, 39062
• Status: Published

Opinions

Hill, Chief Justice.

Appellants Ramey and Brewster and co-defendant Ronnie Joe Criswell were found guilty of the murder of Michael Blackwell and of aggravated assault in the stabbing of Franklin Rivers. Defendants were each sentenced to life imprisonment for murder and consecutive terms for aggravated assault.

The five named men were inmate orderlies at the Georgia State Prison in Reidsville. Inmate orderlies are responsible for distributing meals to inmates who eat in their cells rather than in the prison dining hall. Appellants and co-defendant Criswell are white; the alleged victims are black. On September 24, 1981, as supper was being delivered to the cell block for distribution by the orderlies, an altercation erupted between the white orderlies arid the black orderlies. The testimony of three guards showed that appellants and co-defendant Criswell attacked Rivers and Blackwell with homemade knives and a blunt instrument.

Rivers was stabbed 32 times but lived, while Blackwell was stabbed 16 times and died. Rivers testified that Ramey and Criswell stabbed him. The three defendants, who received no injuries, claimed self-defense. Defendant Brewster testified he took a knife away from Blackwell and that only he stabbed Blackwell. Ramey claimed he was knocked to the floor, lay there stunned, and never had a weapon. The medical examiner testified that wounds found on Blackwell indicated 2 or possibly 3 knives were used. Only one knife was recovered from the scene, but a witness testified he saw one of the defendants throw something up to the second tier of the cell block.

1. Defendants first contend the trial court erred in admitting a photograph of Blackwell taken after an autopsy on the ground it was spectacularly gruesome and did not clearly indicate the cause of death. They contend the photograph was used in an attempt to inflame and infuriate the jury. In particular defendants objected to the photograph because the victim’s scalp had been cut from ear to ear and pulled forward and backward to permit the medical examiner to examine wounds to Blackwell’s head. In the photograph Blackwell’s face is covered with a bloodstained towel.

The introduction of repetitious photographs, particularly color photographs (including enlargements), of the victim of a murder, is frequently asserted in this court as being error. In some cases it appears that the photographer, like so many of us, took two pictures from every angle, to make sure of getting one. In many of those cases it appears the prosecutor introduced all the photographs taken, even the duplicates. See Florence v. State, 243 Ga. 738 (4, fn. 1) (256 SE2d 467) (1979). Each of us has experienced the revulsion and animosity created by those gruesome photographs, feelings which jurors also must experience when shown such photographs.

Pictures of the deceased taken at the scene of the murder are bad enough; pictures of the deceased taken while an autopsy was in progress are even worse. See Lamb v. State, 241 Ga. 10 (2) (243 SE2d 59) (1978). Like duplicate photos, autopsy photos should be screened with particular care to determine their relevancy, if any, to the case at hand. Florence v. State, supra.

Although this issue is repeatedly raised, no new meaningful rule has been proposed by the defendant here or by the defense bar. We therefore adhere to the existing rule, which is: Photographs which are relevant to any issue in the case are admissible even though they may have an effect upon the jury. Moses v. State, 245 Ga. 180 (6) (263 SE2d 916) (1980); Stevens v. State, 242 Ga. 34 (5) (247 SE2d 838) (1978); Edwards v. State, 233 Ga. 625 (3) (212 SE2d 802) (1975); Cash v. State, 224 Ga. 798 (2) (164 SE2d 558) (1968).

Although the defendant argues that the wound to Blackwell’s head was not the cause of death, cause of death is not the only relevant matter shown by a photograph. This autopsy photograph was one of three introduced at trial. The medical examiner used this photograph to show that Blackwell’s wounds were made by different instruments. Wounds indicating that more than one knife was used corroborated witnesses’ testimony that the three defendants attacked Blackwell. The existence of wounds made by different instruments also refuted Brewster’s testimony that only he attacked Blackwell. The photograph was relevant to issues in the case and we find no error here.

2. Defendants sought to introduce evidence of racial tensions at the prison and of a racially-motivated riot earlier on the same day as Blackwell’s death. Defendants maintain this evidence was crucial to establishing their self-defense theory because it would have shown their fears and the reasonableness of those fears.

The rule that evidence of prior difficulties between the victim and accused is admissible to show the state of feelings between the parties is inapplicable here. The alleged earlier confrontation was between inmates in a different building and involved none of these parties. The defendants’ testimony raised the issue of self-defense. The trial court did not abuse its discretion in excluding this evidence, and we find no error here.

Judgment affirmed.

All the Justices concur, except Smith and Weltner, JJ., who dissent. Decided January 6, 1983. Stubbs & Branan, Jon Gary Branan, for appellants. Dupont K. Cheney, District Attorney, Harrison W. Kohler, Assistant District Attorney, Michael J. Bowers, Attorney General, W. Davis Hewitt, Assistant Attorney General, Virginia H Jeffries, Staff Assistant Attorney General, for appellee.