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Easter v. State

The trial court properly declined to grant the defendant's motion for disclosure of the victim's psychiatric history, since he failed to present evidence to show that the victim's mental condition or treatment was relevant to her allegations or credibility, or that the records were in any way necessary to his defense.

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After a jury trial, Mark Easter was convicted of rape, kidnapping, false imprisonment and impersonating a police officer. He appeals the denial of his motion for new trial, asserting the following enumerations of error: 1 the trial court erred in denying his motion to produce the victim’s psychiatric records; 2 the trial court erred in denying his motion to exclude; 3 the trial court erred in denying his motion for a mistrial and a curative instruction; 4 the trial court erred in restricting his general voir dire questions; and 5 the trial court erred in denying his motion for a continuance. Easter additionally argues that the prosecutor’s closing statement improperly shifted the burden of proof onto the defendant. Because each of these enumerations lacks merit, we affirm Easter’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 March 7, 1999, the victim, a 17-year old female, hopped a turnstile at a MARTA station to catch a train. Easter approached the victim. He identified himself as an undercover MARTA policeman, showed her his badge, told her she was under arrest, and placed her in handcuffs. Easter then picked up the MARTA service phone and gave a code to give the appearance that he was a MARTA officer.

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