Roseboro v. State
| Decision Date | 03 March 1988 |
| Docket Number | No. 45308,45308 |
| Citation | 365 S.E.2d 115,258 Ga. 39 |
| Parties | ROSEBORO v. The STATE. |
| Court | Georgia Supreme Court |
Mark V. Clark, Conyers, Robert Joiner, Atlanta, for Timothy Paul roseboro.
Lewis R. Slaton, Dist. Atty., David Wright, R. Andrew Weathers, Asst. Dist. Attys., Atlanta, Michael J. Bowers, Atty. Gen., Paula K. Smith, Asst. Atty. Gen., for the State.
Timothy Roseboro was found guilty of the rape and malice murder of Jacqueline O'Neal, and of the burglary of her apartment. He was sentenced to two life terms and twenty years in prison. 1
O'Neal's body was discovered in her apartment some thirty-five to fifty hours after her death. Her throat had been cut with a sharp instrument; her skull had been fractured, before death, probably with the butt of a pistol; her clothing had been either rearranged or removed altogether. There were spermatozoa in her vagina.
After the discovery of the body, suspicion centered on Roseboro, who lived in the same apartment complex as the victim. When he was advised of his Miranda rights, Roseboro indicated he understood them, and was willing to answer questions without an attorney. He consented to a search of his apartment, which resulted in the discovery of a handgun with human hairs clinging to the butt of the weapon, and of bloody clothing that belonged to him. Roseboro was unable to account for the condition of the clothing, and was unable to account for the presence of his ski cap, found beneath the victim's body.
1. The evidence in this case is such that a rational trier of fact could have found Roseboro guilty beyond a reasonable doubt of the crimes for which he was convicted, Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979).
2. Roseboro complains that the pre-autopsy photographs of the victim's body, which were graphic and which were admitted over objection, were so prejudicial as to outweigh their probative value. There was no error. Brown v. State, 250 Ga. 862, 867, 302 S.E.2d 347 (1983).
3. Roseboro, who was indigent, contends the trial court committed error when it declined to grant his "motion for funds to hire expert witnesses."
(a) We held in Jackson v. State, 249 Ga. 751, 755, 295 S.E.2d 53 (1982): "
(b) In Thornton v. State, 255 Ga. 434, 339 S.E.2d 240 (1986), we dealt with some of the elements presented in this appeal: "The state obtained involuntarily from Thornton certain dental impressions, so that his teeth might be compared to marks appearing in an autopsy photograph of the victim.
There we directed: 255 Ga. at 435, 339 S.E.2d 240.
Holding that an expert must be provided to Thornton at public expense we imposed this limit: 255 Ga. at 435, 339 S.E.2d 240.
(c) Roseboro's motion for funds with which to secure expert scientific witnesses contained an eleven page report from the state's crime laboratory. The report was signed by two chemists, two serologists, two microanalysts, and one firearms examiner. The motion made the bare assertion that Roseboro's counsel needed an expert witness to assist in preparing properly a defense, and that such an expert was necessary to assure a fair trial. However, it made no effort to demonstrate to the trial court...
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