Smith v. State

788 S.E.2d 433 (2016)

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Smith v. State

Georgia Supreme Court
788 S.E.2d 433 (2016)

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  • Written by Sean Carroll, JD

Facts

Deonte T'varis Smith (defendant) was charged with the killing of a baby. At trial, the prosecution (plaintiff) called Dr. Clark as an expert witness. Over Smith’s objection, Dr. Clark used a doll to demonstrate how the victim sustained some of the injuries, including the force that would have been needed. Clark squeezed the doll’s chest to simulate the victim’s rib fractures and slammed the doll’s head several times to simulate the victim’s head injuries. The doll was approximately the same size as the victim. Clark based his testimony and demonstration on the autopsy results and the victim’s medical records. Clark acknowledged not knowing exactly how many times the victim’s head was slammed. Clark never referenced Smith nor any other perpetrator during the demonstration. Smith was convicted, and he appealed, arguing that the prosecution’s demonstrative evidence was unfairly prejudicial.

Rule of Law

Issue

Holding and Reasoning (Nahmias, J.)

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Casebooks

Evidence

Key Terms

  • Expert WitnessA witness who is qualified to give opinions on a particular subject matter due to specialized knowledge in that subject area beyond that of an average individual.
  • Demonstrative EvidenceAny physical evidence that did not play a part in the controversy but instead is used to illustrate or explain the testimony of a lay or expert witness. Demonstrative evidence may include models, illustrations, or physical objects. Demonstrative evidence is also known as illustrative evidence.

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