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Brawner v. State

Citations

  • 602 S.E.2d 612
  • 278 Ga. 316
  • 2004 Fulton County D. Rep. 2986
  • 2004 Ga. LEXIS 614

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • finding testimonial the statement a witness gave to police several days after shooting claiming the witness observed the appellant shoot the victim several times while the victim lay on the ground saying “Don’t kill me.”
  • statement to investigating police officers by an eyewitness inadmissible where witness is absent from trial and defendant had no prior opportunity to cross-examine the witness
  • statement by alleged eyewitness to investigating police officers not admissible where witness is absent from trial and defendant had no prior opportunity to cross-examine the witness
  • reversal required where hearsay evidence, although cumulative of other evidence, went to “core issue of the case” and remaining State witnesses were impeached
  • “[i]n contrast with the [admissible] testimony . . . the declarant’s [inadmissible] hearsay statement [was] placed before the jury unimpeached because the declarant did not testify.”
  • introduction of eyewitness testimony inadmissible under Crawford was not harmless, when the testimony of two other eyewitnesses was “repeatedly called into question when they were cross-examined”

Source: CourtListener parenthetical corpus (CC0).

Judges: Benham, Hunstein, Divisions

Read full opinion on CourtListener

Cited by

27 cases in this archive cite this case; the 20 most cited are listed.

Cites

8 cases in this archive are cited by this case.

Other cases with this name

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.