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Holiday v. State

The trial court properly admitted the prior inconsistent statements of three witnesses who testified at trial based on facts showing that the statements were voluntary and reliable under the circumstances.

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A jury convicted Demetrius Doc Holiday of the murder and armed robbery of Janet Freeman and the armed robbery of Patricia Brubaker.1 Holiday urges this Court to overrule our decision in Gibbons v. State2 that prior inconsistent statements are admissible as substantive evidence or place restrictions on their use. Because we continue to believe that the search for truth at trial is aided by the admission of a witness’s prior inconsistent statement as substantive evidence, we follow the rule in Gibbons and affirm.

1. The evidence presented at trial shows that two men wearing masks fired a bullet and knocked out the glass in a door of a Flash Foods convenience store in Valdosta on August 26, 1994. One man took money out of the cash register while the other man pointed a sawed-off rifle at Patricia Brubaker, the store manager. A video camera recorded the robbery, and the videotape was showed to the jury. A .22 caliber shell casing was found at the scene.

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