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Harrisv.State

CourtSupreme Court of Georgia
Docket No.S22A0092
DecidedJune 22, 2022
Reporter314 Ga. 238; 875 S.E.2d 659; 2022 Ga. LEXIS 169
JudgesNahmias, C. J., delivered the opinion; Bethel, LaGrua, and Colvin, JJ., concurred in part and dissented in part.
Tags
CriminalMurderChild DeathRule 403Other Acts EvidenceNew Trial
Case Summary

Justin Ross Harris was convicted of malice murder and child cruelty after his 22-month-old son Cooper died of hyperthermia in a car Harris left outside work. Harris said he forgot the daycare drop-off; the State argued he acted intentionally to pursue sexual relationships. The jury also convicted Harris of three sex offenses against a 16-year-old girl. The Supreme Court of Georgia held the evidence sufficient but ruled that needlessly cumulative and highly prejudicial sexual-activity evidence, including messages involving minors, enlarged photographs, and prostitution, should have been excluded under Rule 403. The trial court also abused its discretion by denying severance of the sex-offense counts after treating their supporting evidence as admissible to prove the Cooper crimes. Because evidence of intent was disputed, the Court could not find these errors harmless: it reversed the five Cooper-related convictions and affirmed the three sex-offense convictions. For retrial, it upheld disclosure of the defense expert’s interview notes and use of a properly founded three-dimensional car model, but held Harris should have been allowed to question a detective about allegedly false warrant-affidavit statements. Justices Bethel, LaGrua, and Colvin concurred in part and dissented in part.

Opinion

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