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Jefferson v. State

The trial court erred in allowing the state to introduce expert opinion testimony that a piece of duct tape found at the scene came from a roll of duct tape found in the co-defendant's car, as the state failed to show that fracture match analysis had reached a scientific stage of verifiable certainty, as required by Harper v. State, 249 Ga. 519 1982.

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In separate appeals, Tajuan Rashad Jefferson and Omar J. Edwards challenge their convictions for three counts of armed robbery, three counts of aggravated assault, three counts of false imprisonment, and six counts of possession of a firearm in the commission of a crime. They were tried jointly, and we have consolidated their appeals for disposition. Regarding both cases, we find that the evidence was sufficient to support the convictions, and that, although the trial court erred in ruling that the expert testimony of a state’s witness satisfied the requirements of Harper v. State , 249 Ga. 519 292 SE2d 389 1982, the error did not require reversal. Regarding Case No. A11A1295, we find that the trial court did not err in restricting Jefferson’s cross-examination of a police officer, or in denying his motion to sever his trial. Regarding Case No. A11A1296, we find that testimony from the state’s expert witness did not improperly invade the province of the jury, that the court did not err in denying Edwards’ motion for mistrial on the ground that an improper comment was made about his exercise of his rights to remain silent and to counsel, and that the court did not err in denying Edwards’ motion to suppress the results of a search of his car. Accordingly, we affirm in both cases.

A11A1295 & A11A1296

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