Adkins v. GeorgiaAnnotate this Case
Mark Adkins was convicted by jury for crimes related to the murder of Frederick Early, and the non-fatal shootings of Briona Moor and Pamphylia Baynes. Adkins appealed, arguing the trial court erred by: (1) permitting the State to introduce a purported dying declaration by Early; (2) permitting the State to elicit improper opinion testimony by two law enforcement officers; and (3) failing to merge two aggravated assault convictions that were both based on the shooting of Baynes. The Georgia Supreme Court vacated in part because the trial court should have merged the two aggravated assault convictions. But the Court otherwise affirmed because Adkins introduced the evidence of Early’s statement and because the admission of the challenged law enforcement testimony was either not error or, at worst, harmless error.