4.70 States Motion in Limine As To THC
4.70 States Motion in Limine As To THC
4.70 States Motion in Limine As To THC
STATE OF GEORGIA
STATE OF GEORGIA *
* Indictment:
V. * CR 2000433
*
GREG MCMICHAEL *
TRAVIS MCMICHAEL *
WILLIAM R. BRYAN *
The State moves this Court to exclude evidence that Mr. Arbery had 3 .2ng/mL
of THC in his system at the time of his death, per the report of Toxicologist Amanda
Cooke of the GBI dated July 14, 2020, who will not be able to testify as to Whether
Mr. Arbery was under the inuence of THC at the time of the homicide nor What the
effects of THC were on Mr. Arbery.
1.
There is a long line of cases that support the contention that marijuana in a
decedent’s system at the time of death, including in cases where the defense is self-
defense, is not admissible when there is no way to know whether the Victim was
actually under the inuence of marijuana at the time he was killed, and no expert
can say what, if any effect the marijuana had on the Victim at the time of his death.
See James V. State, 270 Ga. 675, 676 (1999); Rivera v. State, 295 Ga. 380, 384
(2014) (Because there was no evidence regarding when the Victim had consumed
cocaine or what, if any, effect it had on him at the time of the altercation, evidence
regarding the toxicology report would likely have been excluded as irrelevant to
defendant’s justication defense.)
2.
aggressive, or sleepy.”); Mondragon v. State, 304 Ga. 843, 845-846 (2019) (Not
error to exclude toxicology report when defendant was unable to proffer evidence of
the effect that the victim’s blood alcohol content would have had on him or even the
effect that drinking alcohol had on the victim generally.)
The State requests that the testimony of Amanda Cooke, and the toxicology
report nding a minor amount of THC in the Victim’s system, be excluded as not
being relevant to the defendant’s justication defense.
/S/Paul Camarillo
Paul Camarillo
State Bar # 2 l 5044
Senior Assistant District Attorney
District Attorney Pro Tempore
Cobb Judicial Circuit
CERTIFICATE OF SERVICE
This is to certify that the undersigned has this day served opposing counsel with a true and
correct copy of the above 4.70 STATE’S MOTION IN LIMINE AS TO THC Via the Odyssey E-
File System to: