This case is Calvin Moore’s second appeal related to his conviction for malice murder in connection with the strangulation death of Lucious Harris, Jr. In the previous appeal, we concluded that the evidence was sufficient to support his conviction, but vacated the trial court’s judgment and remanded the case for a proper hearing on similar transaction evidence under Uniform Superior Court Rule 31.3 B. See Moore v. State, 290 Ga. 805 725 SE2d 290 2012 Moore I. On remand, the trial court concluded that the similar transaction evidence was properly admitted at trial and reinstated Moore’s judgment of conviction. Because the trial court did not abuse its discretion in concluding that the State’s evidence on the similar transaction was properly admitted at trial and none of the other enumerations of error show that the trial court committed error, we affirm.
As detailed more fully in Moore I, Moore had been living with Harris for approximately a year at the time of his death. After receiving a 911 call in the early morning hours of June 11, 2004, police found Harris’s body lying on a railroad track near an abandoned street in Tift County. The police later found Moore’s latent thumb print on a metal fence rail 150 yards from where the victim’s body was found. The medical examiner determined that Harris died from crushing chest injuries associated with manual strangulation. Over Moore’s objection, the State presented evidence at trial regarding Moore’s involvement in the 1995 death of Robert Littrell, who suffered from multiple sclerosis. Moore had lived with Littrell for approximately five years, serving as his caretaker. On November 2, 1995, Moore called 911 to report that Littrell was not breathing. The chief medical examiner testified that Littrell had suffered crushing chest injuries and a throat injury consistent with manual strangulation, and a regional medical examiner testified that Littrell’s injuries were similar to the injuries suffered by the victim in this case. Although Moore was not charged at the time, he apparently was indicted for the murder of Littrell after charges were filed against him in this case. See Moore I, 290 Ga. at 806. In his defense, Moore claimed that he had inflicted Littrell’s injuries in an unsuccessful attempt to resuscitate him through CPR and presented expert testimony that there was no “hard evidence” of strangulation in the death of Littrell and that the expert could not differentiate between injuries from CPR and blunt force assaults.
