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Redding v. State

2024-10-01

Authorities cited

Opinion

majority opinion

NOTICE: This opinion is subject to modification resulting from motions for reconsideration under Supreme Court Rule 27, the Court’s reconsideration, and editorial revisions by the Reporter of Decisions. The version of the opinion published in the Advance Sheets for the Georgia Reports, designated as the “Final Copy,” will replace any prior version on the Court’s website and docket. A bound volume of the Georgia Reports will contain the final and official text of the opinion.

In the Supreme Court of Georgia

Decided: October 1, 2024

S24A0834. REDDING v. THE STATE.

LAGRUA, Justice.

Following a 2018 jury trial, Appellant Merrick Redding was

found guilty of felony murder and aggravated assault in connection

with the death of Joseph Davis. This is Redding’s fourth appeal to

this Court. In his first three appeals, we vacated the trial court’s

judgment and remanded for the trial court to apply the correct facts

and legal analysis to Redding’s allegation of a violation of his Sixth

Amendment right to a speedy trial. 1 See Redding v. State, 309 Ga.

124 (844 SE2d 725) (2020) (“Redding I”); Redding v. State, 313 Ga.

730 (873 SE2d 158) (2022) (“Redding II”); Redding v. State, 318 Ga.

1 “In all criminal prosecutions, the accused shall enjoy the right to a

speedy and public trial. . . .” U.S. Const. amend. VI.

225 (897 SE2d 801) (2024) (“Redding III”).2

On remand after Redding III, the trial court denied Redding’s

2 The crimes occurred on September 5, 2016. Redding was arrested for

Davis’s killing on September 12, 2016. On September 28, 2017, Redding filed

a “Motion to Dismiss Charge Based on Violation of Constitutional Right to

Speedy Trial.” On April 24, 2018, a Muscogee County grand jury indicted

Redding for malice murder, felony murder, and aggravated assault with a

“closed fist.” He was reindicted on the same charges on May 22, 2018. At a trial

from October 24 to November 5, 2018, the jury found Redding not guilty of

malice murder but guilty of the remaining counts. The trial court orally denied

the speedy-trial motion at the pretrial conference and ultimately sentenced

Redding to life in prison without the possibility of parole for felony murder and

a concurrent term of 20 years to serve in prison for aggravated assault.

Redding filed a timely motion for new trial, which the trial court denied on

June 4, 2019. Redding filed a timely notice of appeal, and in Redding I, this

Court held that the evidence presented at Redding’s trial was legally sufficient

to support his murder conviction but otherwise vacated the judgment and

remanded the case for the trial court to make factual findings and legal

conclusions regarding Redding’s speedy-trial motion. 309 Ga. at 129-130 (3).

On remand, the trial court merged the aggravated assault count into the felony

murder conviction, resentenced Redding to serve life in prison without the

possibility of parole for felony murder, and entered its first written order

denying Redding’s speedy-trial motion. Redding filed a timely notice of appeal.

In Redding II, this Court again vacated the judgment and remanded for further

proceedings on the speedy-trial motion “because the trial court misstated and

misapplied the law regarding the prejudice factor, failed to weigh each Barker

factor, and conflated its consideration of some of the factors.” 313 Ga. at 736

(2). On remand, the trial court entered a second written order denying the

speedy-trial motion on March 6, 2023. Redding filed a timely notice of appeal.

In Redding III, this Court a third time vacated the judgment and remanded

because the trial court “erred factually and legally and should have weighed

factors one and two against the State.” 318 Ga. at 232 (2) (e). On remand, the

trial court entered a third written order denying the speedy-trial motion on

February 29, 2024. Redding filed a timely notice of appeal, and the case was

docketed to this Court’s April 2024 term and submitted for a decision on the

briefs.

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speedy-trial motion a fourth time. Redding then filed this appeal,

raising his constitutional speedy-trial claim again along with claims

that the trial court erred by allowing the State to impeach him with

prior convictions under OCGA § 24-6-609 (“Rule 609”) and that the

trial court erred by admitting evidence of prior acts under OCGA §

24-4-404 (b) (“Rule 404 (b)”). 3 We affirm.

As recited in Redding I, the evidence presented at trial showed

the following:

On September 5, 2016, Jason Bellamy hosted a

barbeque at his house for his family. During the

barbeque, Davis came over to visit. Redding also came to

the house with his young grandchildren, though Redding

had not been invited. Around the time of the incident,

Bellamy was preparing to grill meat in an area adjacent

to the house that witnesses characterized as an outdoor

patio or carport. Davis was leaning against a truck in the

driveway, “talking to friends” and “taking it easy.”

Another resident of the house, Debbie Render, also was

sitting outside. Bellamy’s stepfather, Jerry Ferrell, was in

the washroom vacuuming up water, but he came out to

the patio periodically.

While standing at the grill, Bellamy saw Redding

approach Davis and start talking to him. Bellamy could

3 Redding raised his Rule 609 and Rule 404 (b) claims in his previous

appeals, but we declined to address them given our remand on the speedy-trial

claim.

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not hear what Redding was saying, but he heard Davis

repeatedly tell Redding, “Leave me alone.” Both Bellamy

and Render testified that they heard Davis ask something

like, “Why do you think I’m a p***y motherf****r?” They

also heard Redding call to Ferrell to “come get” Davis.

Bellamy further testified that Davis said to Redding, “Go

get a job . . . I work hard for my money, why won’t you get

a job,” and turning to Bellamy, Davis said, “What’s wrong

with him, Jason?” Bellamy did not think much of this

confrontation and went inside the house laughing, but he

kept looking through the screen door to see “what’s going

on,” and he saw Redding move closer to Davis.

As Bellamy went back outside through the kitchen

door, he saw Redding hit Davis once in the head. Bellamy

testified that, just before the hit, Redding “looked back

because I was in the house. You know, he looked back and

he said something to [Ferrell], you know, while he was

looking back, and when he turned around, he turned

around and just swung like this. You know, and when he

swung, it was like he was walking away at the same

time.”

Demonstrating the hit in front of the jury, Bellamy

described it as a “swing” with his right hand (rather than

a “forward punch”), and he testified that Redding hit

Davis with a “closed” fist. Render, who also observed the

incident, similarly testified that Redding “just hit [Davis]

’side the head with his fist . . . . It was loud.” Both Bellamy

and Render testified that Redding hit Davis with his right

hand and that the blow landed somewhere on the left side

of Davis’s head. Both also testified that Davis did not

provoke Redding before being hit.

As soon as Davis was hit, Bellamy testified, “it just

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looked like all life left out of him. . . . He fell straight down.

He never moved from the position he had been in all day.

He fell straight down and he slumped up against my tire

on my truck.” Bellamy explained that Davis did not fall

over and hit his head on something, but rather “went

straight down. And when I got there, he was sitting up on

the side of my truck just like I’m sitting in this chair, and

it sounded like he was snoring. . . . [H]e hadn’t hit his

head.” Render also testified that Davis did not hit his

head while falling: “He just went around like that and he

just like slid down beside the truck.”

Davis was taken to the hospital, but he never

regained consciousness and was taken off life support the

next day. Dr. Steven Atkinson, the medical examiner who

conducted an autopsy on Davis, testified that there was a

“large abrasion in the back of the head on the left side,”

as well as a fracture on the back right side of the skull.

Dr. Atkinson explained that the fracture “was more

centered on the back right, but . . . it crossed the midline

and went into the back left, but it also wrapped around

and went into the base of the skull.” Dr. Atkinson

concluded that the cause of death was blunt force head

trauma, and that the head injury could have resulted

from any blunt object, including a fist strike to the head

or the head hitting the ground.

Redding testified in his own defense. He said that he

came to Bellamy’s house at the request of Ferrell, who had

asked him to help with a washing machine. After doing

some work inside the washroom, Redding sat on the patio

and had a beer. Sometime later, Redding testified, Davis

came to the carport area from a shed nearby where people

were known to take drugs. According to Redding, Davis

then purchased some crack cocaine from Bellamy, and

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this transaction occurred near the truck. Redding

testified that he then came up to Davis to trade beers, but

after a verbal exchange, Davis pushed him twice and

“poked” him. This prompted Redding to hit Davis with an

“open hand slap.” Redding testified that Davis stumbled

back a little, slid down the side of the truck, and fell to the

ground, hitting his head on the concrete “lip.”

Redding I, 309 Ga. at 125-126 (2).

1. Redding contends that the trial court again erred by denying

his speedy-trial motion. We see no abuse of discretion.

As we have explained, “[a] constitutional speedy-trial claim is

evaluated under the two-part framework set out in Barker v. Wingo,

407 U.S. 514, 530 (92 SCt 2182, 33 LE2d 101) (1972), and Doggett v.

United States, 505 U.S. 647, 652 (112 SCt 2686, 120 LE2d 520)

(1992).” Redding III, 318 Ga. at 226 (1). Part one asks whether the

delay in bringing the defendant to trial was presumptively

prejudicial. Id. Generally, a delay of a year or more between a

defendant’s arrest and trial is long enough to be considered

presumptively prejudicial, and we held in Redding I that the

threshold was crossed here. Redding I, 309 Ga. at 129 (2). “This

appeal concerns part two, where the trial court “appl[ies] a context6

focused, four-factor balancing test to determine whether the

defendant was denied the right to a speedy trial.” Redding III, 318

Ga. at 226 (1). These four factors are (1) the length of the delay; (2)

the reasons for the delay; (3) the defendant’s assertion of his right to

a speedy trial; and (4) the prejudice to the defendant from the delay.

Id.

When reviewing the trial court’s application of the balancing

test, this Court “must accept the factual findings of the trial court

unless they are clearly erroneous, and we must accept the ultimate

conclusion of the trial court unless it amounts to an abuse of

discretion. . . .” Henderson v. State, 310 Ga. 231, 235 (2) (850 SE2d

152) (2020) (citation and punctuation omitted). But,

if the trial court’s factual findings are clearly erroneous or

the trial court significantly misapplies the law, then the

trial court’s exercise of discretion can be affirmed only if

the appellate court can conclude that, had the trial court

used the correct factual and legal analysis, it would have

had no discretion to reach a different judgment. If the

trial court would still have discretion to reach a different

judgment, we remand for the trial court to reweigh the

factors and exercise its discretion using the correct factual

and legal analysis.

7

Redding III, 318 Ga. at 227 (1) (citations and punctuation omitted);

see also State v. Pickett, 288 Ga. 674, 678-780 (2) (d) (706 SE2d 561

(2011). In Redding III, we held that the trial court’s order denying

Redding’s speedy-trial motion contained factual and legal errors in

its analysis of the length-of-delay and reasons-for-delay factors and

that the trial court should have weighed those two factors against

the State rather than neutrally. Id. at 232 (2) (e). Although we

explained that “the trial court may be authorized to deny Redding’s

speedy-trial motion after assigning weight and balancing anew the

four factors in accordance with the applicable law and directions

outlined in this opinion,” we also explained that, in Redding’s case,

“the trial court is [not] necessarily compelled to do so.” Id. Therefore,

we remanded “for the entry of an order containing appropriate

findings of fact and conclusions of law on the speedy-trial claim.” Id.

at 233 (2) (e).

In its new order, the trial court weighed the length-of-delay

and reasons-for-delay factors slightly against the State in

accordance with Redding III and weighed the assertion-of-right

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factor slightly against Redding. Redding does not dispute these

three factors. We see no factual or legal errors, and we hold that the

trial court did not abuse its discretion in weighing these three

factors as it did.

Redding disputes only the prejudice factor, which the trial

court weighed heavily against Redding. “The prejudice associated

with unreasonable delay before trial includes oppressive pretrial

incarceration, anxiety and concern of the accused, and the

possibility that the accused’s defense will be impaired by dimming

memories and loss of exculpatory evidence.” Henderson, 310 Ga. at

239 (2) (d) (citation and punctuation omitted). Redding’s arguments

here fail because he merely repeats the arguments that we rejected

in Redding III. Redding again claims that a potential witness died

during the pretrial delay, but the trial court found — just as it did

before — that the witness’s death did not prejudice Redding’s

defense. The trial court also again found that Redding did not suffer

any kind of pretrial oppressiveness or anxiety due to the delay. In

Redding III, we already held that the trial court did not abuse its

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discretion in weighing this factor heavily against Redding for these

same reasons. See Redding III, 318 Ga. at 231-232 (2) (d). Under the

law-of-the-case rule, that holding is binding here. See OCGA § 9-11-60 (h).

The trial court ultimately weighed the four Barker-Doggett

factors together and found that Redding’s Sixth Amendment right

to a speedy trial was not violated. The trial court did not misapply

the law or make erroneous factual findings. We hold that the trial

court did not abuse its discretion in its ultimate decision to deny

Redding’s speedy-trial motion. See Cash v. State, 307 Ga. 510, 515-520 (2) (b) (837 SE2d 280) (2019) (holding that the trial court did not

abuse its discretion in denying speedy-trial claim after weighing

factors one and two “benignly” and not “too heavily” and against the

State but factors three and four against the defendant).

2. Redding contends that the trial court failed to comply with

Rule 609 when it allowed the State to impeach Redding with three

prior convictions – from 2015, 2009, and 2007 respectively – without

specifying how the court weighed the convictions’ probative value

10

against their prejudicial effect. We review this question of law de

novo. See, e.g., Wilder v. State, 290 Ga. 13, 15 (717 SE2d 457) (2011)

(holding that on a motion to suppress, the trial court’s “application

of the law to undisputed facts is subject to de novo review”) (citation

omitted).

We conclude that the trial court did not err by admitting

Redding’s 2015 and 2009 convictions without listing on the record

the factors supporting its finding that the probative value of the

convictions outweighed their prejudicial effect. We further conclude

that any assumed error in the admission of the 2007 conviction was

harmless.

(a) The Evidence Admitted Under Rule 609

Rule 609 applies when a witness’s character for truthfulness

can be impeached with a prior criminal conviction. Subpart (a)

provides the general rule: certain prior convictions “shall be

admitted if the court determines that the probative value of

admitting the evidence outweighs its prejudicial effect to the

accused.” Rule 609 (a) (1). But subpart (b) lays out different

11

requirements for convictions where more than ten years have

elapsed since “the date of the conviction or the release of the witness

from the confinement imposed for such conviction, whichever is the

later date[.]” Rule 609 (b). Such convictions are admissible only if

“the court determines, in the interests of justice, that the probative

value of the conviction supported by specific facts and circumstances

substantially outweighs its prejudicial effect.” Id. (emphasis

supplied).

At trial, after Redding announced that he was going to testify,

the State sought permission to impeach Redding with evidence of

three felony convictions: (1) a 2015 Habitual Violator Conviction; (2)

a 2009 Obstruction of an Officer Conviction; and (3) a 2007

Obstruction of an Officer Conviction. The trial court expressly ruled

that the probative value of these three convictions outweighed their

prejudicial effect and admitted them under Rule 609 (a) (1). While

cross-examining Redding, the State questioned him regarding these

three past convictions, which Redding admitted, further testifying

that he had pleaded guilty and “served [his] time, [his] punishment”

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for them. Records of the convictions were admitted as exhibits over

defense counsel’s objection.

Redding argues that the trial court erred by failing to identify

on the record the specific factors that formed the basis of its

conclusion that the probative value of the three prior convictions

outweighed their prejudicial effect. 4 Redding was tried pursuant to

the current Evidence Code, and the trial court admitted the prior

convictions under Rule 609 (a) (1). Since the adoption of the current

4 Again, Redding does not argue that the trial court’s ultimate conclusion

was an abuse of discretion or that the trial court was wrong to weigh the

probative value against the prejudicial effect as it did. He merely argues that

the trial court erred by making an express conclusion about probative value

and prejudicial effect without also putting on the record the factors it

considered to reach that conclusion. In support of this contention, Redding cites

Quiroz v. State, 291 Ga. App. 423, 428-429 (4) (662 SE2d 235) (2008), a decision

concerning Rule 609 (a) (1)’s predecessor in the old Evidence Code, OCGA § 24-9-84.1 (a) (2). In Quiroz, the Court of Appeals listed factors for trial courts to consider when balancing the probative value of a prior conviction against its

prejudicial effect. Id. However, in Clay v. State, 290 Ga. 822 (725 SE2d 260)

(2012), this Court addressed Quiroz and held that OCGA § 24-9-84.1 (a) (2) did

not require a trial court to list the specific factors it considered in ruling on the probative value of convictions not more than ten years old. Id. at 836-837 (3)

(b). Having said that, because Georgia’s Rule 609 is “materially identical to

Rule 609 of the Federal Rules of evidence, we look to federal case law with

respect to the interpretation and application of the rule.” Brown v. State, 307

Ga. 24, 36 (6) n.2 (834 SE2d 40) (2019) (citation and quotes omitted). See also

Anderson v. State, 307 Ga. 79, 84 (3) (b) n.14 (834 SE2d 830) (2019) (citing to

Brown), infra. Thus, Quiroz and Clay no longer control this issue.

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Evidence Code, we have not yet addressed whether Rule 609 (a) (1)

requires a trial court to explain on the record what factors it

considered when concluding that the probative value of a prior

conviction outweighs its prejudicial effect. We hold that it does not.

“Rule 609 of Georgia’s new Evidence Code is materially

identical to Rule 609 of the Federal Rules of Evidence, and, as such,

we look to federal case law with respect to the interpretation and

application of [Rule 609].” Anderson v. State, 307 Ga. 79, 84 (3) (b)

n.14 (834 SE2d 830) (2019) (citation and punctuation omitted).

United States v. Preston, 608 F2d 626 (5th Cir. 1979)5 is a leading

case on this question. There the Court of Appeals for the Fifth

Circuit held that

a Trial Judge must make an on-the-record finding that

the probative value of admitting a prior conviction

outweighs its prejudicial effect before admitting a non609 (a) (2) prior conviction for impeachment purposes

under [Federal] Rule 609 (a) (1). . . . Although the Rule

does not on its face mandate, we think it useful for Trial

Judges to conduct a hearing on-the-record at which the

pertinent factors are explicitly identified and weighed.

5 The Eleventh Circuit has adopted as binding precedent decisions made

by the Fifth Circuit handed down on or before September 30, 1981. See Bonner

v. City of Prichard, 661 F2d 1206, 1209 (11th Cir. 1981) (en banc).

14

Id. at 639 (citations and punctuation omitted). Other federal courts

have interpreted Rule 609 (a) (1) the same way. See, e.g., United

States v. Martinez-Martinez, 369 F3d 1076, 1088 (II) (E) (9th Cir.

2004) (“While a trial court need not analyze each of the five factors

explicitly, the record should reveal, at a minimum, that the trial

judge was aware of the requirements of Rule 609 (a) (1).” (citation

and punctuation omitted)); United States v. Lipscomb, 702 F2d 1049,

1064 (III) (A) (D.C. Cir. 1983) (“A comparison of Rule 609 (a) (1) with

Rule 609 (b) strongly suggests that Rule 609 (a) (1) does not require

the district court always to inquire into the facts and circumstances

underlying a prior felony conviction”).

We adopt Preston’s holding that Rule 609 (a) (1) does not

mandate an explicit analysis of factors; we also reiterate Preston’s

observation about the usefulness of an explicit analysis of factors.

Here, the trial court made an on-the-record finding that the

probative value of Redding’s three prior convictions outweighed

their prejudicial effect. For the 2015 and 2009 convictions, that was

15

sufficient to admit them under Rule 609 (a) (1). Contrary to

Redding’s argument, Rule 609 (a) (1) did not require the trial court

to put on the record the specific factors supporting that finding. See

Preston, 608 F2d at 639. Thus, the trial court did not legally err

when it admitted Redding’s 2015 and 2009 convictions without

expressly stating any specific factors regarding probative value and

prejudicial effect. With respect to the 2007 conviction, the record is

unclear about whether Redding was released more than 10 years

before his trial. If so, the trial court should have analyzed that

conviction under Rule 609 (b), which imposes a stricter standard for

admission than Rule 609 (a). 6 However, assuming without deciding

that Rule 609 (b)’s more stringent standard applies, and that the

trial court erred by admitting the 2007 conviction, we conclude that

any such error was harmless.

6 Rule 609 (b) prohibits the admission of a conviction more than ten years

old unless the trial court “determines, in the interests of justice, that the

probative value of the conviction supported by specific facts and circumstances

substantially outweighs its prejudicial effect.” OCGA § 24-6-609 (b) (emphasis

added).

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(b) Harmless Error Analysis

“The test for determining nonconstitutional harmless error is

whether it is highly probable that the error did not contribute to the

verdict.” Moore v. State, 307 Ga. 290, 293 (2) (835 SE2d 610) (2019)

(citation omitted). In making our determination, “we review the

record de novo and weigh the evidence as we would expect

reasonable jurors to have done[.]” Id. “In the context of Rule 609,

error is harmless if the witness’ credibility was sufficiently

impeached by other evidence, or if the State’s case was strong

enough to support a conviction even apart from the witness’

testimony.” Patterson v. State, 314 Ga. 167, 179 (2) (h) (875 SE2d

771) (2022).Here, eyewitnesses Bellamy and Render “sufficiently

impeached” Redding’s credibility. Patterson, 314 Ga. at 179 (2) (h).

Both witnesses testified that Redding struck Davis in the head with

a closed fist, without any provocation. Bellamy characterized

Redding’s behavior as “bullying,” and testified that, after Redding

hit Davis, blood started “trickling” from Davis’s ear. Render testified

that the strike was “loud” enough for her to hear it from where she

17

was sitting. We conclude that it is highly improbable that evidence

of Redding’s 2007 conviction for obstruction of a police officer,

discussed in further detail in Division 3 (a) below, contributed to the

jury’s verdict. See, e.g., Denard v. State, 305 Ga. 463, 466 (2) (826

SE2d 61) (2019) (holding that any error in the admission of felony

convictions over ten years old without making on-the-record

findings that their probative value outweighed their prejudicial

effect was harmless because “the evidence of murder was

overwhelming, while the evidence of provocation was scant at best”).

3. In a related enumeration of error, Redding contends that

the trial court erred in admitting other-acts evidence under Rule 404

(b). We review the trial court’s ruling admitting such evidence under

Rule 404 (b) for abuse of discretion, see Pritchett v. State, 314 Ga.

767, 774 (2) (a) (879 SE2d 436) (2022), and conclude that any abuse

of discretion was harmless.

(a) The Evidence Admitted Under Rule 404 (b)

Rule 404 (b) concerns the admissibility of a defendant’s

“crimes, wrongs, or acts” other than the crime charged. The Rule

18

provides that these other acts are not admissible “to prove the

character of a person in order to show action in conformity

therewith.” OCGA § 24-4-404 (b). But other acts are admissible for

certain other purposes, including “motive, opportunity, intent,

preparation, plan, knowledge, identity, or absence of mistake or

accident.” Id.

Prior to trial, the State gave notice pursuant to Rule 404 (b)

that it intended to offer evidence of two other acts involving

obstruction of a law enforcement officer (resulting in the 2007 and

2009 obstruction convictions referenced above). The trial court

admitted the other-acts evidence for purposes of intent, plan, and to

disprove mistake, accident, and self-defense.

During trial, the State presented evidence of the two other acts.

Regarding the first incident, a law enforcement officer testified that

in 2006 he attempted a traffic stop of Redding’s vehicle due to

outstanding warrants. Redding stopped his vehicle, exited, and fled.

The officer pursued Redding and was attempting to arrest him when

they began to engage in “close quarters combat.” The officer testified

19

that he “could smell the alcohol on [Redding’s] breath,” and that

Redding “attempted several times to try to gain control” of the

officer’s weapon. The officer testified that he thought Redding was

attempting to harm him, and he was concerned for his own safety

during the encounter.

Regarding the second incident, a law enforcement officer

testified that in 2008 he conducted a traffic stop of Redding’s vehicle.

Redding exited his vehicle and “was kind of unsteady on his feet.”

The officer smelled alcohol and attempted to “grab [Redding’s] wrist”

when Redding “swung back, not swinging at [the officer] but just —

he just didn’t want [the officer] to grab his hand.” Another law

enforcement officer “tried to grab [Redding’s] hand . . . and [Redding]

just swung away.” Then, Redding “pulled back” and “t[ook] an

aggressive stance.” The law enforcement officer used his TASER on

Redding who grabbed it but “never once swung at [the officer] or

tried to hit [him].”

(b) Harmless Error Analysis

Many on this Court have serious doubts that this other-acts

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evidence should have been admitted. However, assuming without

deciding that the trial court abused its discretion in admitting the

evidence, we conclude that any such error was harmless and thus

does not require reversal.

As we stated above, nonconstitutional error is harmless where

“it is highly probable that the error did not contribute to the verdict.”

Moore v. State, 307 Ga. at 293. Again, “we review the record de novo

and weigh the evidence as we would expect reasonable jurors to have

done[.]” Id. “Generally, we have found Rule 404 (b) errors harmless

where the properly admitted evidence was so strong that the

prejudicial effect of the other-acts evidence had no significant

influence on the guilty verdicts.” Nundra v. State, 316 Ga. 1, 6 (2)

(885 SE2d 790) (2023) (citation and punctuation omitted).

Here, the evidence against Redding was strong. Bellamy and

Render testified that Redding and Davis were engaged in an

argument when Redding hit Davis. During the argument, Bellamy

heard Davis tell Redding to “leave me alone,” and both witnesses

heard Davis ask Redding something similar to “do you think I’m a

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p***y?” Bellamy saw Davis wave his hand in the air as if to tell

Redding to leave, but neither Bellamy nor Render saw Davis

physically provoke Redding or touch him in any manner. Both

witnesses testified that Redding then used his right hand to hit

Davis on the left side of his head in a swinging motion with a closed

fist. Both also testified that Davis fell down after the hit, his body

slumping against a truck and blood coming out from his ear. Medical

evidence showed that Davis died from the injury to his head.

On the stand, Redding similarly testified that Davis repeatedly

asked him, “Do y’all think I’m a p***y?”, but, in contrast to Bellamy

and Render, Redding claimed that Davis pushed and poked him as

well. Redding nonetheless did not dispute that he hit Davis and

caused him to fall, but Redding claimed he did so only with an open

hand and only after that physical provocation.

Based on our review, it is clear that Redding’s claim of selfdefense was weak, relying only on his self-serving testimony. In

contrast, evidence of Redding’s guilt was strong, having been

corroborated by the testimony of two eyewitnesses and the physical

22

evidence showing that Davis died of blunt force head trauma causing

“severe” brain injury and hemorrhage. See Johnson v. State, 301 Ga.

277, 279 (2) (800 SE2d 545) (2017) (holding that even if erroneously

admitted, other-acts evidence was harmless where Appellant

testified that he accidentally stabbed the victim in self-defense, in

part because other testimony instead detailed “Appellant’s lengthy

and persistent attack upon the unarmed victim”). See also

Mondragon v. State, 304 Ga. 843, 844-845 (2) (823 SE2d 276) (2019)

(holding that any error in sequencing Rule 404 (a) (2) evidence was

harmless because other evidence showed that the shooting victims

did not provoke Appellant, were unarmed, and were shot from

several feet away, which contrasted with Appellant’s testimony that

the victims were pushing him when he fired at them).

Indeed, it is difficult to see how the other-acts evidence here

would have had a “significant influence” on the jury. See Nundra,

316 Ga at 6. Both incidents occurred over eight years prior to the

murder and were not materially similar to Redding’s charges in this

case. Redding was accused of felony murder predicated on

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aggravated assault after an argument at a friend’s barbeque, while

the other-acts evidence detailed belligerent (and possibly drunken)

behavior at two traffic stops — behavior that did not result in any

injuries to others. To the extent that the other-acts evidence still

painted Redding as an aggressive and agitable person, such

evidence painted that picture no clearer than Redding himself, who

admitted that he hit Davis after minimal provocation with enough

force to knock him to the ground.

Moreover, Redding testified that he pleaded guilty to the

offenses and that he “served [his] time, [his] punishment” for them.

This “reduces the risk that the jury convicted [Redding] to punish

him for his other crimes,” because the jury heard that Redding “had

already been punished for those crimes.” Nundra, 316 Ga at 8.

Further, the State did not mention the other-acts evidence in its

opening statement, and only briefly referenced it in closing

argument, which minimized the prejudicial effect. Finally, the trial

court provided limiting instructions regarding the other-acts

evidence, both after the law enforcement officers testified about the

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traffic stops,7 and again in the court’s charge of law to the jury. See,

7 The court instructed the jury that:

In order to prove its case – and that’s the case that you’re

hearing – on this indictment on Counts 1, 2 and 3, the State of

Georgia, once again, must prove each and every element of each

charge in that indictment, and they must show in order to do that

the elements of intent or a plan, or must negate or disprove

mistake, an accident, or self-defense in this case.

To do so, the State has offered evidence of other crimes

allegedly committed by the accused. You are permitted to consider

that evidence only insofar as it may relate to those issues of intent,

plan or disprove mistake, accident, or self-defense, and not for any

other purpose. You may not infer from such evidence that the

defendant is of a character that would commit such crimes in this

indictment.

The evidence may be considered only to the extent that it

may show the intent element or issues that the State is required

or authorized to prove in the crimes charged in this case now on

trial. Such evidence, if any, may not be considered for you – by you

for any other purpose.

The defendant is on trial for the offenses charged in this bill

of indictment only, and not for any other acts, even though such

acts may incidentally be criminal and may have results [sic] in a

conviction.

Before you consider any other alleged acts for the limited

purposes stated here, you must first determine whether it is more

likely than not that the accused did commit the alleged act. If so,

you must then determine whether those alleged acts shed any light

on the elements of the offenses or issues for which the act was

admitted and the crimes charged in the indictment in this trial.

Remember to keep in mind the limited use and the

prohibited use of this evidence about other acts of the defendant.

By giving this instruction, the Court in no way suggests to

you the defendant has or has not committed any other acts, nor

whether such act, if committed, prove anything. That is a matter

totally within the province of the jury and for your determination.

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e.g., Howell v. State, 307 Ga. 865, 875 (3) (838 SE2d 839) (2020)

(holding that any error in the admission of other-acts evidence was

harmless in light of the other strong evidence of guilt and the trial

court’s limiting instructions, and noting that “[w]e ordinarily

presume that jurors follow their instructions”); Taylor v. State, 306

Ga. 277, 283 (2) (830 SE2d 90) (2019) (holding that any error in the

admission of other-acts evidence was harmless, noting that “the

State spent a minimal amount of time eliciting evidence concerning

the [other act], presenting just two witnesses who took the stand

briefly, and there is no contention that the State mentioned or relied

upon the incident during its closing argument to the jury”). We

therefore conclude that it is highly improbable that any error in

admitting the other-acts evidence contributed to the verdict.

4. Although Redding does not argue that we should conduct a

cumulative error review, we conclude that the record does not reflect

cumulative error.

To establish cumulative error necessitating a new trial, “an

appellant must show that (1) at least two errors were committed in

26

the course of the trial; and (2) considered together along with the

entire record, the multiple errors so infected the jury’s deliberation

that they denied the appellant a fundamentally fair trial.” Greene v.

State, 316 Ga. 584, 607-08 (7) (889 SE2d 864) (2023) (citation and

punctuation omitted). See also State v. Lane, 308 Ga. 10, 14-18 (1)

(383 SE2d 808) (2020). Considering the strength of the evidence (as

already discussed) and the harmlessness of any individual errors,

we conclude that the presumed errors at issue here did not “so

infect[] the jury’s deliberation” that combined they denied Redding

a fundamentally fair trial. Greene, 316 Ga. at 608 (7). See also

Kirkland v. State, 318 Ga. 639, 664 (11) (898 SE2d 536) (2024)

(identifying no cumulative error from erroneously admitted otheracts evidence and improper jury instructions considering the strong

evidence of guilt). Therefore, the trial court’s errors, if any, do not

merit reversal.

Judgment affirmed. All the Justices concur.

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