Baker v. State

318 Ga. 431

FINAL COPY S23A0860. BAKER v. THE STATE. WARREN, Justice. Appellant Morgan Baker was convicted of malice murder in connection with the shooting death of Tamarco Head.1 In his sole enumeration of error, Baker contends that the trial court abused its discretion under OCGA § 24-4-403 (“Rule 403”) by admitting into evidence a portion of a rap music video. As explained below, we agree that the trial court’s admission of the video was an abuse of discretion. And because the State has not met its burden of showing that the error was harmless, we reverse Baker’s conviction. 1 Head was…