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Dillingham v. State

An inaccessible witness's testimony from defendant's prior mistrial was admissible under O.C.G.A. § 24-3-10 and did not violate defendant's confrontation right.

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After appellant Keith Dillingham’s first trial ended in a mistrial, he was convicted at a second trial of murder and aggravated assault and sentenced to life in prison.1 He now appeals. Having reviewed the record, we conclude that the trial court did not abuse its discretion in denying appellant’s request for a continuance or in allowing lay opinion testimony by a retired police officer. Therefore, we affirm.

The evidence at trial showed that on July 18, 1997, appellant, co-defendant Jones, and co-defendant Hunt were together while appellant’s car was being repaired. Down the street from the trio, the victim’s van sat parked in front of a house. The victim and co-defendant Jones had been dating the same woman, and had fought over her several times. Appellant brought the victim’s van to the two co-defendants’ attention. After his car was repaired, appellant drove down the street to the house, with co-defendant Jones riding as a passenger. The victim sat on the front porch of the house with four other individuals. Appellant exited the car and stood on the porch, where he confronted the victim about his earlier confrontations with co-defendant Jones. Co-defendant Hunt then ran up to the porch and shot the victim, killing him. Appellant stood over the victim’s body and said, in essence, that the victim had been warned about what would happen to him. Appellant then walked calmly back to his car. Appellant, Jones and Hunt drove away from the scene in appellant’s car.

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