## Facts

- Deonte T’varis Smith was charged in Decatur County, Georgia, in connection with the death of his two-month-old daughter, Keymaya Smith.
- On the night of April 12, 2012, Smith was at a trailer home with the baby, the baby’s mother (Shamiah Rainey), Smith’s sister, and Rainey’s one-year-old son.
- The baby was fussy during the night, and Smith and Rainey attempted to calm her multiple times.
- During the last episode, Smith went into the baby’s room alone. A short time later, the baby showed signs of distress.
- Rainey noticed she had missed a call from Smith. When she entered the room, she told Smith they needed to take the baby to the emergency room.
- Smith and Rainey drove the baby to a hospital in Bainbridge, Georgia. The baby arrived not breathing and in cardiac arrest and died on April 13, 2012.
- Medical evidence showed serious injuries, including rib fractures and severe head trauma, consistent with non-accidental force.
- At trial, the State called Dr. Clark to testify about the injuries based on the autopsy findings and the baby’s medical records.
- Over Smith’s objection, Dr. Clark used a doll about the same size as the baby to demonstrate the level of force he said would be required to cause certain injuries: he squeezed the doll’s chest to illustrate rib fractures and slammed the doll’s head several times to illustrate head trauma.
- Dr. Clark acknowledged he did not know exactly how many impacts occurred, and during the demonstration he did not identify Smith (or anyone else) as the person who applied the force.
- The State also cross-examined Smith about tattoos on his arm, which Smith argued were irrelevant and improper character evidence.
- The jury found Smith guilty (including felony murder predicated on cruelty to children). The trial court denied Smith’s motion for new trial, and Smith appealed.

## Issues

1. Whether the trial court committed reversible error by permitting the State to cross-examine Smith about tattoos on his arm.
2. Whether the trial court abused its discretion by allowing Dr. Clark’s baby-doll demonstration, and, if so, whether the error required reversal.

## Decision

- The Supreme Court of Georgia affirmed Smith’s convictions and the denial of his motion for new trial.
- The court rejected Smith’s claim that the tattoo questioning required a new trial, concluding it did not warrant reversal under the circumstances.
- The court held the trial court abused its discretion in allowing the baby-doll demonstration in the manner presented.
- The court nonetheless concluded the error was harmless and did not contribute to the verdict, given the rest of the evidence and the limited purpose of the demonstration.

## Legal Principles

- Trial courts have broad discretion over the admission of evidence and the scope of cross-examination; appellate review is for abuse of discretion.
- Demonstrative evidence used with witness testimony must be relevant, must fairly illustrate the testimony, and must not mislead the jury.
- Even relevant evidence may be excluded when its probative value is substantially outweighed by a danger of unfair prejudice, confusion, or misleading the jury. (OCGA § 24-4-403.)
- Demonstrations that are highly graphic or theatrical, or that imply a level of factual certainty not supported by the record (such as number and manner of blows), risk unfair prejudice and may be excluded under Rule 403.
- Non-constitutional evidentiary error is harmless when it is highly probable that the error did not contribute to the verdict; reversal is not required if the verdict rests on strong independent evidence.

## Conclusion

Smith’s convictions were affirmed because, although the trial court erred by allowing a dramatic baby-doll demonstration of the force needed to cause the infant’s injuries, the Supreme Court of Georgia found the error harmless in light of the remaining evidence and the fact that the demonstration did not identify Smith as the assailant; the challenge to cross-examination about Smith’s tattoos also did not justify reversal.


Smith v. State, 788 S.E.2d 433 (2016)