Georgia’s Clarke Superior Court convicted Dorunte Williams of malice murder, aggravated assault involving family violence, and possession of a firearm during the commission of a felony. Mr. Williams felt that the court mistakenly allowed hearsay to be construed as evidence and filed for an appeal.
The Court of Appeals reviewed the case, and determined that the trial court correctly admitted the hearsay based upon the necessity exception listed in Georgia’s code. The murder victim, the utterer of the hearsay in question, was obviously unavailable to offer testimony, and the statement was “relevant to the material fact” for Mr. Williams’ motive. The Court upheld the trial court’s judgment of Dorunte Williams.
