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Lindsey v. State

The Confrontation Clause did not bar the admission of the co-defendant's taped statements to police, since he was present at trial to defend or explain his statement, and the defendant declined the opportunity to cross-examine him.

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Following a jury trial, Marcus Antonio Lindsey was convicted of two counts of armed robbery OCGA § 16-8-41 a. Lindsey appeals from the denial of his motion for new trial, contending that 1 the evidence did not support his convictions; 2 the trial court erred in admitting improper identification testimony; 3 the trial court incorrectly instructed the jury on identification testimony; 4 the trial court erred in admitting his taped statement; and 5 the trial court improperly played his co-defendant’s taped statement. For the reasons that follow, we affirm Lindsey’s convictions.

Viewed in the light most favorable to the verdict, Jackson v. Virginia, 443 U. S. 307 99 SCt 2781, 61 LE2d 560 1979, the trial evidence shows that on June 21, 2002, the first victim left work around 1:30 to 2:00 a.m., and she drove to a Burger King on Washington Road in Richmond County. The second victim, who was a friend, followed the first victim in his vehicle and parked next to her in the Burger King parking lot. The second victim got out of his vehicle and stood next to the driver’s side of the first victim’s car to discuss getting something to eat.

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