Ross v. State

In Ross v. State, 279 Ga. 365, 367-368 (2) (614 SE2d 31) (2005), the Supreme Court of Georgia found that a trial court erred in allowing the State to introduce evidence of a prior conviction to prove that a defendant charged with possession of a firearm by a convicted felon was, in fact, a convicted felon. In Ross, the defendant had offered to stipulate to his status as a convicted felon in order to prevent the State from introducing evidence showing that his prior conviction was for enticing a child for indecent purposes. Id. The Supreme Court of Georgia found that the introduction of such evidence would "raise the risk of a verdict tainted by improper considerations" and that the trial court abused its discretion in rejecting Ross' offer to stipulate. Id. at 368 (2). In so doing, the Court set forth the limited rule that when: (1) a defendant's prior conviction is of the nature likely to inflame the passions of the jury and raise the risk of a conviction based on improper considerations, and; (2) the purpose of the evidence is solely to prove the defendant's status as a convicted felon, then it is an abuse of discretion for the trial court to spurn the defendant's offer to stipulate to his prior conviction and admit the evidence to the jury. Id.