Brooks v. State
324 Ga. App. 352
Ga. Ct. App.2013Background
- Brooks was convicted after a jury trial of burglary and armed robbery under Georgia law.
- Evidence showed three men robbed a Family Dollar; the manager opened the safe under duress and the suspects fled with cash and merchandise.
- Police observed Brooks near a shed with bags containing loot; Brooks fled when confronted and was apprehended in a creek bed.
- Recovered items included bags of cash/merchandise, a backpack with a handsaw and hatchet, and a hole in the store ceiling; a shoe print matched Brooks’s footwear.
- Store surveillance depicted one robber wearing jeans with distinctive back-pocket stitching matching Brooks’s jeans at arrest.
- Brooks argued on appeal that the evidence was insufficient and that trial counsel was ineffective in several respects.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the evidence suffices to support burglary and armed robbery | Brooks asserts only jeans evidence links him to crimes. | State contends multiple corroborating facts support guilt beyond reasonable doubt. | Evidence sufficient for guilt beyond a reasonable doubt. |
| Ineffective assistance—motion to suppress and probable cause | Brooks claims failure to file suppression motion prejudiced defense by potential suppression of arrest evidence. | State argues probable cause existed from flight and surrounding circumstances; suppression would not have been granted. | No reversible error; suppression likely would not have been granted. |
| Ineffective assistance—Jackson-Denno and closing argument conduct | Brooks contends failure to obtain Jackson-Denno hearing and improper closing statements harmed defense. | Trial court held Jackson-Denno issue resolved; closing-argument remarks were permissible as fair rebuttal. | No ineffective assistance; trial court properly exercised discretion. |
Key Cases Cited
- Shaheed v. State, 245 Ga. App. 754 (2000) (flight as circumstantial evidence of consciousness of guilt)
- Jackson v. Virginia, 443 U.S. 307 (1979) (standard for sufficiency of evidence)
- Adams v. State, 283 Ga. 298 (2008) (closing-argument considerations and judge's contextual view)
- Rainly v. State, 307 Ga. App. 467 (2010) (permissible use of rhetoric in closing; no error in trial court)
- McDaniel v. State, 279 Ga. 801 (2005) (credibility of trial-court witness determinations on factual disputes)
- Cuvas v. State, 306 Ga. App. 679 (2010) (duty to provide informed plea advice includes discussing risks of trial)
- Parnell v. State, 280 Ga. App. 665 (2006) (strong showing required to suppress evidence obtained during pat-down)