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Orr v. State

A portion of a 911 recording, in which in which an unknown third party stated the defendant's name, was not admissible as part of the res gestae.

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Dorian Orr was convicted in 2005 of malice murder and related offenses in connection with the shooting death of Michael Grant.1 Orr appeals, arguing that the trial court improperly admitted portions of a recording from a 911 phone call placed shortly after the murder. Because the trial court erred in admitting certain statements on the 911 recording, we reverse. 1. The evidence presented at trial showed that Grant was shot and killed as he left a home in Savannah in the early morning hours of May 17, 2003. One witness, Darrell Ferguson, testified that he saw Orr slowly drive by the residence where Grant was located and then park his car nearby. Ferguson testified that when Grant emerged from the residence to leave, Orr got out of his car and shot him multiple times. Grant died at the scene. Orr was arrested in New York. Ferguson identified Orr as the shooter in a photographic lineup and at trial.

After reviewing the evidence in the light most favorable to the jury’s verdict, we conclude that there was sufficient evidence for a rational trier of fact to find Orr guilty of the crimes for which he was convicted.2

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