Walker v. State

The state had a statutory right under O.C.G.A. § 17-7-130.1 to call its mental health expert to rebut the testimony of the defendant's expert who testified regarding the defendant's mental state at the time of the crime.

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Following a jury trial, Earnest Lee Walker appeals his convictions for malice murder, felony murder, aggravated assault, possession of a knife during the commission of a crime, and cruelty to children in the third degree,1 contending that the trial court erred in admitting certain incriminating statements made by him to the State’s psychiatric expert. For the reasons set forth below, we affirm. 1. In the light most favorable to the verdict, the facts show that Walker and his two minor nephews were staying with Walker’s mother, Katherine Fountain. On the evening of June 19, 2007, while in Fountain’s kitchen, Fountain and Walker began to argue about Walker’s sloppiness around the house. During the argument, Walker punched Fountain in the face, and Fountain retreated to a back bedroom to call police. At the same time, Walker went to his own bedroom and retrieved a knife. While on the phone with the 911 operator, Fountain returned to the kitchen. Walker then snuck behind her and stabbed Fountain in the back nineteen times, all while Walker’s two minor nephews watched and pleaded for Walker to stop. Soon thereafter, police entered the home and apprehended Walker, who was still holding the knife in his hand. Fountain later died from her stab wounds.

At trial, Walker called Dr. Kevin Richards to testify about Walker’s mental condition at the time of the crime. Dr. Richards determined that Walker suffered from a persecutory delusional disorder which caused him to believe that there were forces aligned against him and that his mother wanted to harm him or cause other people to harm him. Dr. Richards testified that Walker’s persecutory delusion might cause him to perceive a greater threat from his mother than actually existed.

Walker v. State

The state had a statutory right under O.C.G.A. § 17-7-130.1 to call its mental health expert to rebut the testimony of the defendant's expert who testified regarding the defendant's mental state at the time of the crime.

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