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Clarence Peak, Jr.v.The State

CourtCourt of Appeals of Georgia
Docket No.A14A1890
DecidedJanuary 14, 2015
Reporter330 Ga. App. 528; 768 S.E.2d 275
JudgesCourt of Appeals of Georgia; Presiding Judge Barnes, Judge Boggs, and Judge Branch
Tags
CriminalCriminal ProcedureEvidenceCharacter EvidenceStatutory InterpretationMotion for New TrialVacaturRemand
Case Summary

Clarence Peak appealed after the trial court denied his motion for a new trial, challenging the admission of two 32-year-old felony convictions to impeach his testimony. Former OCGA § 24-9-84.1(b) required the trial court to identify the concrete facts supporting its conclusion that the convictions’ impeachment value substantially exceeded their prejudicial effect; the court’s general balancing statement fell short. Because Peak and his daughter gave sharply conflicting accounts of the shooting, the error was not harmless. The Court of Appeals vacated the judgment and remanded for the trial court to reconsider the new-trial motion and state the factual basis for its balancing under the factors described in Clay.

Opinion

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Clarence Peak, Jr. v. The State — The Atlanta Gleaner