OCGA 24-9-84.1 (A) (2) Interpretation
In Quiroz v. State, 291 Ga. App. 423 (662 SE2d 235) (2008), the Court held that before admitting a prior conviction for impeachment under OCGA 24-9-84.1 (a) (2), the trial court must make express findings on the record that the probative value of the conviction substantially outweighs its prejudicial effect, taking into account relevant factors, such as the type of felony involved, the date of the conviction, and the importance of the witness' credibility. Id. at 427-428 (4).
In Quiroz, the Court held that when ruling upon the admissibility of a defendant's prior felony conviction under OCGA 24-9-84.1 (a) (2), the trial court is required to balance the probity of a prior felony conviction against its prejudicial effect, considering factors including "the kind of felony involved, the date of the conviction, and the importance of the witness's credibility." Quiroz, 291 Ga. App. at 428 (4).