Bowen v. State
299 Ga. 875
Ga.2016Background
- On April 9, 2009, Bowen went to a Fulton County trap‑house and, after buying marijuana, a shooting occurred in the living room that killed Henry Wright, Jr.; Bowen and another man (described as having dreadlocks) were present and left together after the shots.
- Witnesses (Antonio and Dontravious Fagin) and a nearby resident saw the men arrive and leave; Antonio fled through the back, then and later identified Bowen from a photo lineup as the buyer; Dontravious identified Bowen from a separate lineup after confronting him outside.
- Brittany Turner (the carjacking victim) identified Bowen in a photographic lineup as the man who carjacked her at a gas station after Bowen fled the scene; Bowen also displayed a gun and carjacked Turner while escaping.
- The apartment had been cleaned before police arrived; no casings or prints were recovered; blood trailed from the curb to the apartment porch; Wright died from a gunshot to the torso.
- Bowen was indicted on multiple counts (including felony murder and aggravated assault), tried separately, convicted on most counts, sentenced to life for felony murder (predicated on aggravated assault), and received consecutive sentences; Bowen appealed challenging sufficiency, voir dire limits, and admission of pretrial photo IDs.
Issues
| Issue | State's Argument | Bowen's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence for felony murder and related convictions | Evidence showed Bowen was present, acted with the other shooter, threatened witnesses, fled and carjacked a victim — supporting conviction as principal or party | Evidence insufficient; trial evidence did not prove Bowen’s guilt beyond reasonable doubt | Affirmed: viewing evidence in favor of jury, a rational trier could find guilt beyond reasonable doubt (party liability under OCGA §16‑2‑20 inferred from conduct) |
| Motion for new trial on general (weight of evidence) grounds | Trial court properly denied — Bowen failed to present distinct weight‑of‑evidence/general‑grounds argument at motion hearing | Trial court abused discretion; verdict contrary to justice and weight of evidence | Not preserved: Bowen did not argue general grounds below; appellate court will not grant new trial on weight grounds (trial court discretion) |
| Denial of request to question venire about bias against convicted felons | No reversible error; issue not preserved for appeal | Trial court abused discretion by limiting voir dire on felon bias | Not preserved for appeal; claim rejected |
| Admission of pretrial photographic identifications (Fagins and Turner) | Lineups were neutral (six similar photos), witnesses received standard admonition, no police suggestion; IDs admissible | Procedures unduly suggestive and unreliable; trial court erred in denying suppression and admitting IDs | Admission proper: photo arrays were not impermissibly suggestive; suppression denial affirmed (no evidence of suggestive law‑enforcement action) |
Key Cases Cited
- Ellis v. State, 292 Ga. 276 (standard for reviewing sufficiency of evidence)
- Browner v. State, 296 Ga. 138 (appellate review does not reweigh evidence)
- Batten v. State, 295 Ga. 442 (credibility and conflicts are for the jury)
- Grant v. State, 298 Ga. 835 (shared criminal intent may be inferred from conduct)
- Jackson v. Virginia, 443 U.S. 307 (standard for sufficiency review)
- Powell v. State, 291 Ga. 743 (party liability when not direct perpetrator)
- Allen v. State, 296 Ga. 738 (trial court discretion on new trial general grounds)
- Gray v. State, 298 Ga. 885 (failure to raise general‑grounds argument below forfeits appellate review)
- Slaton v. State, 296 Ga. 122 (appellate court cannot grant weight‑of‑evidence new trial)
- Hurt v. State, 298 Ga. 51 (preservation required for voir dire claim)
- Brockman v. State, 292 Ga. 707 (preservation rules for jury selection issues)
- Neil v. Biggers, 409 U.S. 188 (two‑step test for suggestive identification suppression)
- Miller v. State, 270 Ga. 741 (Georgia application of Neil v. Biggers)
- Brewer v. State, 219 Ga. App. 16 (impermissibly suggestive identification standard)
- Noel v. State, 297 Ga. 698 (merger principles for sentencing)
- Johnson v. State, 296 Ga. 504 (appellant’s burden to ensure record completeness)