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Dunbarv.The State

CourtSupreme Court of Georgia
Docket No.S20A0167
DecidedJune 29, 2020
Reporter309 Ga. 252
JudgesSupreme Court of Georgia
Tags
CriminalCriminal LawCriminal ProcedureMurder & MayhemTales From the CryptSelf-DefenseEvidenceFourth AmendmentSearch and SeizureSufficiency of the Evidence
Case Summary

Dunbar was convicted of murder and challenged the sufficiency of the evidence, the admission of testimony about an assault rifle, and testimony that he withdrew consent to a search of his home. The Georgia Supreme Court affirmed. The evidence authorized the jury to reject Dunbar’s self-defense account and find the elements of murder beyond a reasonable doubt. The court also held that the rifle evidence was relevant to the State’s account of the shooting and that admitting testimony about withdrawal of consent was not plain error. The court rejected Dunbar’s argument that Georgia’s rule against using a person’s refusal to consent to a warrantless search as evidence of guilt should extend to a withdrawal of consent after a search has begun. Because the challenged rulings did not require a new trial, the judgment was affirmed.

Opinion

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