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James v. State

Evidence of the victim's prior violent acts against a third party were inadmissible, absent a showing of justification.

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Kristie James was sentenced to life imprisonment for the shooting death of Ricky Early. She appeals from the denial of her amended motion for new trial.1 Finding no reversible error, we affirm.

1. The evidence presented at trial authorized the jury to find that the 15- year-old appellant had recently moved out of her southeast Atlanta home and into the residence across the street with her friend and co-defendant Keishua Zeigler. Appellant and the murder victim knew each other and on the day of the murder had been involved in an argument. That same day appellant sent the victim a telephone page. In response to the page, the victim met appellant and Zeigler at Zeigler’s residence. The victim, appellant and Zeigler got into the victim’s car and drove away. When the car was only a short distance from the residence appellant pulled out a gun and pointed it at the victim, prompting him to say to appellant, “Oh, bitch, you going to shoot me” When the vehicle stopped at the next stop sign appellant placed the gun at the victim’s temple and pulled the trigger. Appellant and Zeigler then ran back to Zeigler’s house where the investigating officers found them after eyewitness information identified appellant and Zeigler as being involved in the shooting. The victim died after being on life-support. Expert medical testimony established that the bullet which killed the victim entered his temple and damaged the frontal lobe of his brain and caused skull fractures and hemorrhaging. During the police interrogation appellant gave an audio taped confession in which she told police that she had shot the victim. However, at trial appellant denied any involvement in the shooting claiming instead that Zeigler “came out of nowhere” and shot the victim and then coerced appellant into giving a false confession.

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