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Johnson v. State

Trial courts have discretion to admit expert testimony regarding the reliability of an eyewitness's identification.

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The Court of Appeals, in affirming Keith Johnson’s convictions for armed robbery, aggravated battery, and aggravated assault, upheld the trial court’s grant of the State’s motion in limine regarding expert testimony Johnson proffered on the issue of the reliability of eyewitness identification. Johnson v. State, 236 Ga. App. 252 5 511 SE2d 603 1999. The legal authority for this holding came from Norris v. State, 258 Ga. 889, 890 1 376 SE2d 653 1989, wherein this Court stated that

the determination of a witness’ credibility, including the accuracy of eyewitness identification, is within the exclusive province of the jury. Cit. The memory of a witness may not be disparaged by another witness in order to impeach that testimony; it must be done by cross-examination. Cits.

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