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Wilsonv.State

CourtCourt of Appeals of Georgia
Docket No.A23A1765
DecidedJanuary 23, 2024
Reporter370 Ga. App. 399; 897 S.E.2d 597 (2024)
JudgesDillard, P. J.; Rickman and Pipkin, JJ.
Tags
CriminalExpert TestimonyDiscovery ViolationDomestic ViolenceStrangulation EvidenceMotion for New TrialHarmless ErrorTales From the CryptMurder & MayhemCorruption & ConcealmentBroken Convictions
Case Summary

Kalone Wilson appealed convictions for aggravated assault, family-violence battery, and criminal trespass after attacking his former partner at a gas station, where he strangled and bit her in front of her young child. The Court of Appeals held that the State did not violate criminal-discovery law by failing to disclose the nurse examiner’s testimony because she had made no written or oral report; in any event, Wilson showed no specific prejudice, declined the offered continuance or interview time, and exclusion required prejudice and bad faith. Wilson’s challenge to the examiner’s expert qualification was reviewable only for plain error because he had not specifically objected; although the trial court cited superseded law, it also invoked the current Daubert-based statute and heard sufficient qualifications and methodology evidence. Given the direct eyewitness and corroborating evidence, any error was not outcome-determinative, so the court affirmed the convictions and denial of a new trial.

Opinion

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