Boothev.State
Timothy Boothe was convicted of malice murder and related offenses after Geneva Strickland was found dead in her Clayton County home. Her wrists and legs were bound, and an Ace bandage covered her mouth; DNA from a glove caught inside the bandage and hair from a mask near the house linked evidence to Boothe, who had previously worked at the home. At trial, the State introduced photocopies of police sketches made from a witness’s descriptions without accounting for the original sketches. The Georgia Supreme Court assumed, without deciding, that the copies violated the former best-evidence rule. It nevertheless affirmed the convictions, holding that any error was harmless because the sketches were not important inculpatory evidence and the remaining circumstantial evidence was sufficient. The court also rejected Boothe’s sufficiency challenge. Justices Benham and Melton dissented. They viewed the case as close, emphasized that the eyewitness could not identify Boothe at trial, and concluded that the sketch copies could have influenced the jury. They would have reversed and ordered a new trial, while recognizing that Georgia’s new Evidence Code would govern any retrial.
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