In general, evidence of a person's character or a trait of character shall not be admissible for the purpose of proving action in conformity therewith on a particular occasion.” Sawyer, 308 Ga. at 384 (2) (citing OCGA § 24-4-404 (a)).
Evidence of a criminal defendant's bad character is not admissible unless the defendant first puts his character in issue. Lee v. State, 308 Ga. App. 711 (2011). However, there are many exceptions to this rule. Any statement or conduct of the defendant tending to show consciousness of guilt is admissible. Anderson v. State, 315 Ga. App. 679 (2012); Aldridge v. State, 229 Ga. App. 544 (1997).
Evidence that incidentally puts the character of the defendant in issue may be admitted if it is otherwise relevant to an issue in the case, such as motive. Harrison v. State, 313 Ga. App. 861 (2012).
When a witness gives a nonresponsive answer that impacts negatively on a defendant's character it does not improperly place his character in issue. Keaton v. State, 311 Ga. App. 14 (2011); Boatright v. State, 308 Ga. App. 266 (2011).
Testimony that a defendant is known to the police does not impermissibly place the defendant's character into issue. Moore v. State, 310 Ga. App.
106 (2011); Johnson v. State, 302 Ga. App. 318 (2010). Further, a passing reference to a defendant's record does not place his character in issue. Reese v. State, 289 Ga. 446 (2011).
Evidence that a defendant had a warrant is not necessarily grounds for a mistrial. Jackson v.State, 315 Ga. App. 679 (2012); Brown v. State, 268 Ga. 455 (1997). A passing reference to probation does not place a defendant's character in issue. Gomez v. State, 315 Ga. App. 898 (2012).
Evidence that an accused has been confined in jail in connection with the case on trial does not place his character into evidence. Miller v. State, 295 Ga. 769, 776 (3) (a) (764 SE2d 135) (2014); Williams v. State, S23A1159 (January 17, 2024);
Nichols v. State, 325 Ga. App. 790 (2014); Jackson v. State, 284 Ga. 484 (2008); Fields v. State, 176 Ga. App. 122 (1985). Mug shots of a defendant taken after arrest with regard to the crime for which he is currently being prosecuted do not prejudice the defendant. Rittenhouse v. State, 272 Ga. 78 (2000). If a mug shot relating to a previous crime is introduced into evidence, however, it is the equivalent of testimony establishing the defendant's arrest for a prior crime and would therefore impermissibly place his character in evidence. Roundtree v. State, 181 Ga. App. 594 (1987) (introduction of photograph with caption indicating date of a prior arrest impermissibly placed defendant's character in evidence). Butler v. State, 290 Ga. 425 (2012); Sharpe v. State, 288 Ga. 565 (2011).
Gun ownership and the custom of carrying a gun do not, by themselves, show bad character. Adams v. State, S23A1207 (January 17, 2024); Roberts v. State, 317 Ga. App. 385 (2012); Pate v. State, 315 Ga. App. 205 (2012); Sweet v. State, 278 Ga. 320 (2004).
The existence of a tattoo, in and of itself, does not establish a defendant's propensity to act in accordance with that depicted in the tattoo. Moore v. State,294 Ga. 682 (2014); Belmar v. State, 279 Ga. 795 (2005).
The circumstances of a defendant's arrest are admissible even if that information incidentally places a defendant's character into issue. Manuel v. State, 315 Ga. App. 632 (2012); Shields v. State, 203 Ga. App. 538 (1992). The judge abuses his discretion in admitting evidence of the circumstances surrounding the defendant's arrest if the evidence is wholly unrelated to the charged crime., the arrest is remote in time from the charged crime, and the evidence is not otherwise shown to be relevant. Benford v. State, 272 Ga. 348 (2000).
Evidence that a defendant fled the scene or fled the jurisdiction of the court while awaiting trial is admissible as consciousness of guilt. Brown v. State, 312 Ga. App. 489 (2011); Sanders v. State, 290 Ga. 637 (2012).
A lawyer's decision to place a defendant's character in issue is a matter of trial tactics and does not mean the defendant was deprived of the effective assistance of a lawyer. Fields v. State, 311 Ga. App. 528 (2011); Polk v. State, 225 Ga. App. 257 (1997).