Brinson v. State
289 Ga. 150
| Ga. | 2011Background
- Brinson was convicted of felony murder and aggravated battery for the death of his two-month-old daughter Arianna Rosier.
- The victim died from a severe traumatic brain injury due to shaking, not choking.
- Brinson was the sole caregiver during the relevant time; the State sought to prove venue in Effingham County.
- Evidence showed Brinson's address and 911 calls originated in Effingham County, and responders were dispatched there.
- Other challenged evidentiary items included a prior violence conviction and several minor post-event conduct details, argued to be harmless or admissible for bent-m mind.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the evidence sufficient to convict beyond a reasonable doubt? | Brinson | State | Yes; evidence supported guilt beyond a reasonable doubt. |
| Did the State prove venue in Effingham County? | Brinson | State | Yes; venue proved beyond a reasonable doubt. |
| Was similar-transaction evidence properly admitted to show bent of mind? | Brinson | State | Yes; admissible to show bent of mind toward violence toward family. |
| Was admission of Brinson's prior assault conviction (and related sentence) reversible error? | Brinson | State | Harmless error; overwhelming guilt supported admission. |
| Were the additional posts death conduct disclosures harmless? | Brinson | State | Harmless error; guilt overwhelming; no reversible impact. |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (U.S. Supreme Court 1979) (sufficiency review standard)
- Graham v. State, 275 Ga. 290 (Ga. 2002) (venue proof requires more than city location within county)
- Lee v. State, 305 Ga. App. 214 (Ga. App. 2010) (city within county not alone proof of venue)
- Chapman v. State, 275 Ga. 314 (Ga. 2002) (public employees' actions may show jurisdiction/venue)
- In the Interest of B.R., 289 Ga. App. 6 (Ga. App. 2007) (investigating officer's county-of-employment evidence; venue analysis)
- Collum v. State, 281 Ga. 719 (Ga. 2007) (similar-transaction evidence proper for bent of mind when showing family violence)
- Miller v. State, 250 Ga. App. 84 (Ga. App. 2001) (redaction of prior sentence not reversible error when guilt overwhelming)
- Pearson v. State, 277 Ga. 813 (Ga. 2004) (harmless error may apply where guilt overwhelming)