Supreme Court of Georgia
Kirby v. the State.
September 24, 2018819 S.E.2d 468
Summary
The court affirmed Kirby's malice-murder conviction, holding that his 2004 custodial statements were admissible because he did not unequivocally request counsel and that his 2015 statement was spontaneous and followed permissible booking questions. The court held that testimony about the wedding ring's manufacturer mark was inadmissible hearsay but harmless, and that evidence of a 2003 robbery and aggravated assault was improperly admitted under the other-acts rule but also harmless. The court upheld admission of the 1990 robbery and attempted-rape evidence to prove intent.