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Lindsey v. State

The trial court harmfully erred in allowing the prosecutor to question the defendant about his extensive misdemeanor arrest record.

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Lorenzo Dexter Lindsey was convicted of malice murder and criminal solicitation in the fatal shooting of Marcus Taylor.1 Because we find that the trial court committed error in allowing the prosecution to inform the jury of Lindsey’s extensive misdemeanor arrest history, and because we do not deem the error to be harmless, we reverse and grant a new trial. Viewed in a light most favorable to the verdict, the evidence showed that co-defendant John Vincson Lawton, Jr. approached Taylor in the parking lot of a Citgo store where he fatally shot Taylor and then fled the scene. Lawton’s conviction was affirmed on appeal to this Court. Lawton v. State , 281 Ga. 459 640 SE2d 14 2007.

The evidence established that Lindsey previously had been prosecuted for the murder of 83-year-old Rosa Barnes in a drive-by shooting. Taylor testified against Lindsey in that case, which resulted in Lindsey’s conviction. Lindsey’s conviction was reversed on appeal to this Court, Lindsey v. State , 271 Ga. 657 522 SE2d 459 1999, and on retrial, he was acquitted of the shooting. Nonetheless, while Lindsey was incarcerated pending the outcome of the Barnes prosecution, he plotted with co-defendants Lawton and Charles Hankerson to kill Taylor.

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