Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Brooks v. State

The trial court erred in allowing the State to introduce similar transaction evidence to prove identity, motive and course of conduct in the defendant's murder trial, because it was not relevant to an issue other than bad character and the probative value of the evidence was substantially outweighed by its prejudicial effect.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

In this murder case, which was tried after January 1, 2013, the effective date of the new Evidence Code, we are called upon to decide whether the admission of other acts evidence to prove identity, motive and course of conduct was error. We find the trial court erred in admitting the other acts evidence and reverse appellant’s conviction.

Appellant Fred Dalton Brooks was convicted of malice murder in connection with the death of James Carter.1 Viewing the evidence in the light most favorable to the verdict, we find the following: Appellant and Harold David Edgens were employed at a Hormel meat packing plant for a short period of time in 1970 and 1971. Five or six years later, appellant and Edgens went to the plant to break into the coin and vending machines. They posed as employees so Carter, a security guard, would allow them entry into the plant. Carter saw appellant and Edgens attempting to retrieve money from the machines and told them they would be going to jail. Appellant and Edgens forced Carter into the employees’ locker room and bound him with two leather belts and a long-sleeved shirt. They took Carter’s wallet, keys, credit card, and driver’s license. Appellant shot Carter in the back seven times as he was lying face down on the floor. No arrests were made and the case went cold in 1977. Approximately 36 years later, in March of 2012, while housed as an inmate in the Georgia Diagnostic and Classification Prison in Jackson, Georgia, appellant confessed to a deputy warden and DeKalb County detectives that he and Edgens killed Carter. In so doing, appellant provided specific details about the murder which enabled the detectives to determine that appellant was indeed one of the perpetrators. Latent fingerprints lifted from the crime scene2 at the time of the murder had been archived in the latent print section. The latent fingerprint cards were retrieved and shown to match appellant’s known fingerprints.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
Elite Trial Lawyers 2024
July 11, 2024
New York, NY

The National Law Journal Elite Trial Lawyers recognizes U.S.-based law firms performing exemplary work on behalf of plaintiffs.


Learn More
GlobeSt. Women of Influence (WOI) 2024
July 22, 2024 - July 24, 2024
Lake Tahoe, CA

GlobeSt. Women of Influence Conference celebrates the women who drive the commercial real estate industry forward.


Learn More
General Counsel Summit (GCS) 2024
August 12, 2024 - August 13, 2024
Sydney, New South Wales

General Counsel Summit is the premier event for in-house counsel, hosting esteemed legal minds from all sectors of the economy.


Learn More
Go to Events Go to Webcasts
TRUSTS & ESTATES ADMINISTRATIVE ASSISTANT

COLE SCHOTZ P.C. TRUSTS & ESTATES ADMINISTRATIVE ASSISTANT: NEW JERSEY OR NEW YORK OFFICES: Prominent mid-Atlantic la...


Apply Now ›
Associate Position - Casualty Litigation Department - 2 - 4 years' Litigation Experience

Post & Schell's Casualty Litigation Department is currently seeking an attorney with 2- 4 years of litigation experience, preferably in ...


Apply Now ›
Personal Injury Attorney

A client focused Atlanta Personal Injury Law Firm is seeking an experienced, highly motivated, and enthusiastic personal injury attorney who...


Apply Now ›
Go to Lawjobs
SMGQ Law
06/21/2024
Daily Business Review

Full Page Announcement


View Announcement ›
Blume Forte Fried Zerres & Molinari
06/14/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›
Go to Professional Announcements