Supreme Court of Georgia

Whited v. State

January 18, 2023315 Ga. 598

Summary

The Supreme Court of Georgia affirmed Whited’s convictions, holding that the omission of an accomplice-corroboration instruction did not constitute plain error because Whited’s own recorded statements corroborated the critical portion of the alleged accomplice’s testimony and the remaining evidence made a different verdict unlikely. The court also held that the trial court acted within its discretion under Rule 403 by admitting Whited’s jail call concerning the effect of removing his daughter from life support, because its probative value regarding intent and possible callousness was not substantially outweighed by unfair prejudice.