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Smithv.The State

CourtSupreme Court of Georgia
Docket No.S20A0119
DecidedJune 29, 2020
Reporter309 Ga. 240
JudgesSupreme Court of Georgia
Tags
CriminalCriminal LawCriminal ProcedureMurder & MayhemTales From the CryptEvidenceHearsayFamily LawIneffective Assistance of Counsel
Case Summary

Olivia Smith was convicted of felony murder and possessing a firearm in the shooting death of her husband, Cory Smith. She argued that the trial court improperly limited an expert’s use of family members’ out-of-court statements and excluded documents concerning Cory’s prior domestic violence. The Georgia Supreme Court affirmed. The court held that the expert could not repeat the statements for the truth of matters the witnesses did not testify to, and the excluded documents were either cumulative of admitted evidence or inadmissible hearsay. Smith’s domestic-violence history was nevertheless presented through protective orders, photographs, expert testimony, and Smith’s own account. The court concluded that any evidentiary error was harmless because it was highly probable that it did not contribute to the verdicts. The court also rejected the cumulative-error claim and left the felony-murder conviction and sentence intact.

Opinion

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