4. The court did not err by admitting photographs of the murder victim. Hicks v. State, 256 Ga. 715 (13) ( 352 S.E.2d 762) (1987). 5. A paperweight recovered from the apartment shared by Kinsman and co-defendant Morgan was identified by its owner as one stolen from his residence along with a .38 caliber pistol that was the likely murder weapon in this case.
The court did not err in the admission of selected photographs of the victim's body. Hicks v. State, 256 Ga. 715 (13) ( 352 S.E.2d 762) (1987). 20. There was no error in the admission of cassette tapes recovered from one of the stolen cars and identified by the victim's mother as hers.
Upon consideration of the application for a certificate of probable cause to appeal, it is ordered that it be hereby denied. Hicks v. State, 256 Ga. 715 ( 352 SE2d 762) (1987); Fleming v. Zant, 259 Ga. 687 (4) ( 386 SE2d 339) (1989); Carruthers v. State, 272 Ga. 306, 310 ( 528 SE2d 217) (2000); Stevens v. Kemp, 254 Ga. 228 (2) ( 327 SE2d 185) (1985). The stay issued by this Court on June 30, 2004, is dissolved.
While recognizing that there was of necessity some "overlap," the court determined that the photographs finally selected for admission "don't appear duplicated to me." The record supports the trial court's judgment, and we find no abuse of discretion. Hicks v. State, 256 Ga. 715 (13) ( 352 S.E.2d 762) (1987). 7. When the magistrate testified that she had issued a "good behavior warrant" at the victim's request, the state asked her to explain the "purpose" of such a warrant.
We find that the evidence supports the jury's findings in regard to the aggravating circumstances beyond a reasonable doubt. See Hicks v. State, 256 Ga. 715 (25) ( 352 S.E.2d 762) (1987). 6. We do not find that the sentence of death was imposed in this case under the impermissible influence of passion, prejudice or other arbitrary factor.
The motion was overruled. In his first enumeration of error, defendant contends the trial court erred in interrupting his closing argument and overruling his motion for mistrial. Citing Hicks v. State, 256 Ga. 715 ( 352 S.E.2d 762), he argues that rape is a capital felony and the trial court was in error when it stated otherwise. We disagree.
Evidence of the defendant's escape attempts was properly admitted in evidence at the sentencing phase of the trial. Hicks v. State, 256 Ga. 715 (19 c) ( 352 S.E.2d 762) (1987). 17. Before the original trial, Billy Isaacs reached an agreement with the state that, in exchange for his testimony against the other defendants in the case and his guilty plea to burglary and armed robbery, the other charges against him would be dropped and he would receive immunity from prosecution on any and all other criminal offenses committed within this state as of November 1, 1973.
13. The state is not limited to presenting evidence of statutory aggravating circumstances, see OCGA ยง 17-10-30 (b) (1) through (b) (10), at the sentencing phase of the trial. Hicks v. State, 256 Ga. 715, 727 (19 a) ( 352 S.E.2d 762) (1987). 14. The defendant moved for a mistrial when Dorothy Hightower's brother on three occasions referred to the homicides as murders, despite cautionary instructions from the court.
The court found from the evidence presented that shackling was justified and that "the use of alternative restraints" would not satisfactorily assure "courtroom security [or] the personal security of Mr. Potts and security personnel," nor assure Potts' continued presence at trial. There was no error. Hicks v. State, 256 Ga. 715 (9) ( 352 S.E.2d 762) (1987). Compare Moon v. State, 258 Ga. 748 (12) (b) ( 375 S.E.2d 442) (1988).
A trial court may exclude relevant evidence "`if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury, or by consideration of undue delay, waste of time, or needless presentation of cumulative evidence.'" Hicks v. State, 256 Ga. 715, 720-721 (13) ( 352 SE2d 762) (1987). Such considerations are reviewed for abuse of discretion.