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Davis v. State

The State is not required to obtain and provide to a defendant the criminal histories of its witnesses, even if that information is more accessible to the State than to the defense.

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Zekemian Davis appeals from his convictions of two counts of child molestation. He contends that the trial court erred by 1 denying his request under Brady v. Maryland, 373 U. S. 83 83 SCt 1194; 10 LE2d 215 1963, for a detailed list of all arrests and convictions for all the State’s witnesses; and 2 prohibiting his attempt to voir dire prospective juries about whether testimony from a child would impair their judgment in the case. For the reasons explained below, we affirm.

1. We find no merit in Davis’ contention that the trial court erred by failing to order the State to obtain and provide him with information about the criminal records for its witnesses. The record shows that the State provided Davis with a copy of its file, and Davis has not shown that the State obtained the criminal histories and failed to produce them to him. As Davis’ appellate counsel candidly acknowledges, the Supreme Court of Georgia has held that “Brady does not impose an affirmative obligation on the prosecution to seek out information for the defense, even if such information is more accessible to the prosecution than to the defense.” Hines v. State, 249 Ga. 257, 258 1 290 SE2d 911 1982. Consequently, the State is not required to obtain and provide to a defendant the criminal histories of its witnesses. Lucas v. State, 274 Ga. 640, 647-648 12 555 SE2d 440 2001. While Davis makes an impassioned plea on appeal for a change in our law on this issue, the doctrine of stare decisis requires that this court “faithfully adhere to the precedents established by the Supreme Court of Georgia.” Citations and footnote omitted. Whorton v. State, 321 Ga. App. 335, 339 1 741 SE2d 653 2013.

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