☢ test - Í

lured the victim to an apartment complex in the same neighborhood to sell him drugs and then tried to rob him.” Johnson v. State, 294 Ga. 86, 750 S.E.2d 347 (October 21, 2013). Malice murder and related convictions affirmed; prior aggravated assault properly admitted as similar transaction. “[T]he trial court found similarities based on the personal characteristics of the victims and the fact that in that both cases appellant used a knife to assault a woman at her place of employment after waiting for the victim to become vulnerable and alone or isolated from others during either the early morning or early evening, generally at times of low light. … Although we find the question of the sufficiency of the evidence of similarities between the two incidents is a close one under the facts of this case, we cannot say that the trial court abused its discretion in ruling that evidence of the prior aggravated assault was admissible under the law applicable at the time of appellant's trial. [fn] See Faniel v. State, 291 Ga. 559(2) (731 S.E.2d 750) (2012).” Moore v. State, 293 Ga. 676, 748 S.E.2d 419 (September 9, 2013). Malice murder conviction affirmed; trial court properly admitted evidence of prior death caused by defendant. Both victims were small, middle-aged, in poor health, and defendant lived with them and served as their caretakers. Both were strangled by defendant after arguing with him about finances. Despite defendant’s claim that he didn’t intentionally kill first victim, the events were sufficiently similar to admit the evidence “to show bent of mind and identity.” Faniel v. State, 291 Ga. 559, 731 S.E.2d 750 (September 10, 2012). Felony murder and related convictions affirmed; no error in admitting similar transaction evidence. “There was unquestionably similarity between the 2002 and 2004 incidents and the present case. They all involved Faniel reacting violently with a weapon and inflicting physical injury when he believed his authority was challenged by a female with whom he once had a romantic relationship .” Avila v. State, 289 Ga. 409, 711 S.E.2d 706 (June 20, 2011). Malice murder and firearms convictions affirmed; trial court properly admitted similar transaction evidence of another shooting by defendant. “The evidence showed that, just a month before Avila shot Cole while arguing with him, Avila shot Marler while arguing with her. Both shootings occurred in a vehicle and involved the same gun, which Avila took from his roommate without permission and hid from the police after each shooting. And on both occasions Avila gave false statements to the police. The trial court also gave a proper limiting instruction regarding the jury's use of the evidence. Under these circumstances, the admission of the similar transaction was clearly not an abuse of discretion.” Hall v. State, 287 Ga. 755, 699 S.E.2d 321 (September 20, 2010). Defendant’s malice murder and aggravated assault convictions affirmed; trial court properly admitted similar transaction evidence. “As in this case, the victims in the similar transactions were current or former spouses of appellant; the crimes all occurred when appellant was under stress[fn]; and they involved acts of violence that were either entirely unprovoked or disproportionate to any provocation. Moreover, ‘[i]n cases of domestic violence, prior incidents of abuse against family members or sexual partners are more generally permitted because there is a logical connection between violent acts against two different persons with whom the accused had a similar emotional or intimate attachment.’ (Footnote omitted.) Thomas v. State, 246 Ga.App. 448, 449(1) (540 S.E.2d 662) (2000).” Accord, Leslie v. State , 292 Ga. 368, 738 S.E.2d 42 (February 4, 2013). Dyer v. State, 287 Ga. 137, 695 S.E.2d 15 (May 3, 2010). “The evidence that [co-defendant] Rozier and Xavier Dyer threatened two victims in the same spot where Richardson was murdered just one month prior to that murder was properly admitted to show Rozier's intent, bent of mind, and course of conduct. Smith v. State, 268 Ga. 42(3) (485 S.E.2d 189) (1997).” Abdullah v. State, 284 Ga. 399, 667 S.E.2d 584 (October 6, 2008). Offenses were sufficiently similar: “The shooting of [similar transaction victim] and the crimes for which Abdullah was on trial occurred in very close proximity, both in terms of time and location, and each involved Abdullah using a handgun to shoot an unsuspecting victim without provocation.” Carr v. State, 282 Ga. 698, 653 S.E.2d 472 (November 21, 2007). Defendant and several family members and friends were convicted of murder of a neighbor. Held, trial court properly admitted evidence of other incidents of violence or threatened violence toward neighbors. “The similar transaction evidence presented was probative of the fact that Carr, when holding animosity toward her neighbors, would, through a group of friends and family, which included those involved in the crimes charged, take part in a confrontation, which included intimidation, threats of violence, and actual violence. There was no error in admitting the evidence. See Zellars v. State, 278 Ga. 481, 483(4) (604 S.E.2d 147) (2004).” None of the other transactions resulted in homicide.

Made with FlippingBook Ebook Creator