Armour v. State
290 Ga. 553
| Ga. | 2012Background
- Armour challenges his convictions for malice murder and related counts but the court affirms the convictions while vacating the sentence and remanding for resentencing.
- The crimes occurred on April 3, 2007 at the Thomasville Heights housing project in Atlanta, where Armour and co-defendant Norris fired after a prior fight left a victim wounded.
- A bystander, Bernard Glass, was fatally shot; five witnesses identified Armour as a shooter in lineups or at trial.
- Evidence showed non-9mm shell casings at the breezeway; Armour admitted being at the scene but denied shooting.
- The trial court merged the aggravated assault conviction into malice murder; Armour received three life sentences but the firearm sentence and the felony-murder sentence were improper, prompting remand for resentencing.
- Appellant’s convictions were reviewed for sufficiency of the evidence under Jackson v. Virginia.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Eyewitness identifications were properly handled | Armour argues suppression was needed for eyewitness IDs | State contends lineups were not unduly suggestive | Identifications not unduly suggestive; no deficient performance |
| Late-discovery issue under OCGA 17-16-8 | Counsel not adequately prepared due to late witness list | Trial court did not abuse discretion; relief unlikely to change outcome | No deficient performance; continuance not required |
| Counsel erred by eliciting prior arrest information | Priors implied; ineffective assistance | Evidence would have been admissible for impeachment; not prejudicial | No reasonable probability of different outcome |
| Impeachment of Travis Morris with first-offender status | Cross-exam should reveal bias from probation status | No evidence Morris was on probation; no link shown | Trial court did not abuse discretion; no demonstrated bias connection |
| Sentence proper after merger and convictions | Three life terms based on malice murder, felony murder, and firearm carry excessive | Felony murder vacated by law; firearm sentence exceeds maximum | Sentence vacated and remanded for resentencing |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (sufficiency standard for evidence review)
- Vega v. State, 285 Ga. 32 (Ga. 2009) (credible handling of witness credibility; jury verdicts resolve conflicts)
- Perry v. New Hampshire, 565 U.S. _ (U.S. 2012) (due process concerns with identification procedures (official reporter not provided in text))
- Williams v. State, 286 Ga. 884 (Ga. 2010) (precludes undue suggestiveness in certain identifications)
- Fletcher v. State, 277 Ga. 795 (Ga. 2004) (independent basis for identification where witness knew defendant)
- Norris v. State, 289 Ga. 154 (Ga. 2011) (pretrial rulings on witness lists and continuances affirmed)
- Reed v. State, 285 Ga. 64 (Ga. 2009) (appellate deference to trial strategy and tactics)
- Funes v. State, 289 Ga. 793 (Ga. 2011) (ineffective assistance standard; after-the-fact disagreement not sufficient)