Brinson v. State, 288 Ga. 435

Brinson and Johnson were jointly tried for malice murder, conspiracy to commit murder, felony murder, and a firearm offense arising from Waddell's death.
Both defendants were convicted on all counts; Brinson received life for malice murder and a consecutive five-year firearm sentence; other counts were vacated or merged.
On appeal, Johnson's convictions were previously affirmed in a related case.
Brinson challenged severance, new-trial on newly discovered evidence, and alleged improper comments on his right to remain silent.
The shooting occurred about 10:30 p.m.; Brinson testified he was with his girlfriend at his apartment earlier in the evening and returned before 9 p.m.
A restaurant receipt from 8:33 p.m. was presented as newly discovered evidence but found not to create a different outcome.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Was the evidence sufficient for conspiracy and murder?	Brinson asserts insufficient proof of conspiracy and causal link to Waddell's death.	State contends evidence supported guilt beyond a reasonable doubt.	Yes; evidence supported the verdict.
Was severance properly denied for Brinson and Johnson?	Brinson argues severance could avoid prejudice from co-defendant's testimony.	State contends no clear prejudice or reliance on co-defendant's evidence.	Yes; the court did not abuse discretion.
Did the trial court err in denying new trial based on newly discovered evidence?	Brinson claims the restaurant receipt is material and non-cumulative.	State argues receipt does not likely change outcome and is cumulative.	No; receipt not material or non-cumulative; no abuse of discretion.
Did the prosecutor improperly comment on Brinson's right to remain silent?	Brinson asserts improper comment on silence during cross-examination and closing.	State maintains no error; had only highlighted discrepancy in alibi.	No; issue waived and comments were permissible.

Jackson v. Virginia, 443 U.S. 307 (1979) (standard for reviewing sufficiency of evidence)
Krause v. State, 286 Ga. 745 (2010) (severance requires showing of prejudice and denial of due process)
OCGA § 24-3-5, N/A (N/A) (non-testimonial statements of a coconspirator)
Allen v. State, 288 Ga. 263 (2010) (statements by coconspirator during concealment phase; no Crawford issue)
Appling v. State, 281 Ga. 590 (2007) (antagonistic defenses in joint trials; harm requirement for severance)
Timberlake v. State, 246 Ga. 488 (1980) (standards for new-trial motions based on newly discovered evidence)
Hester v. State, 282 Ga. 239 (2007) (abuse-of-discretion standard for new-trial rulings)
Wilkerson v. State, 286 Ga. 201 (2009) (default waiver rule for unpreserved prosecutorial comment)
Stringer v. State, 285 Ga. 842 (2009) (guidance on comments about a defendant's silence)