Browder v. State
294 Ga. 188
| Ga. | 2013Background
- On April 10, 2008, Browder and accomplices drove into a crowd after a reported fight; Browder was a passenger in Downey’s car and brought a gun.
- Browder fired two shots from the passenger side while leaning over the roof; he testified he intended to fire into the air to scare perceived assailants, not to kill.
- A bullet struck Eboni Galloway in the neck, severing her spinal cord; she was later removed from life support and died from injuries the medical examiner attributed to the gunshot.
- Browder was indicted and convicted of malice murder, multiple counts of aggravated assault (some merged/vacated), and possession of a firearm during a felony; he received life imprisonment for malice murder.
- Browder appealed arguing (1) insufficient evidence for murder and aggravated assault, (2) trial court erred by refusing involuntary manslaughter jury charge, (3) admission of co-defendant’s out-of-court statements violated confrontation rights, and (4) ineffective assistance of counsel.
- The trial court denied a new-trial motion; the Supreme Court of Georgia reviewed the sufficiency of the evidence, jury-charge issues, confrontation waiver, and ineffective-assistance claims and affirmed.
Issues
| Issue | Browder's Argument | State's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for malice murder (implied malice) | No proof of intent to kill or implied malice; actions were defensive or reckless at most | Jury could find no considerable provocation and that Browder acted with reckless disregard demonstrating implied malice | Affirmed: evidence sufficient for malice murder under implied malice standard (Jackson review) |
| Causation of death after removal from life support | Death not legally proven to result from shooting because life support removal complicates causation | Medical testimony established gunshot caused injuries making independent breathing impossible; death resulted from those injuries | Affirmed: expert testimony sufficient to link gunshot to death (life-support removal did not negate causation) |
| Refusal to give involuntary manslaughter as lesser included offense | Evidence could support unlawful non-felony reckless act causing death (involuntary manslaughter) | Evidence showed intentional firing and created apprehension of violence — supports aggravated assault (a felony), not mere reckless misdemeanor conduct | Affirmed: involuntary manslaughter jury charge not supported by evidence |
| Admission of co-defendant Downey’s out-of-court statements (Confrontation/Bruton/Crawford) | Admission violated Sixth Amendment confrontation rights since Downey did not testify | No contemporaneous objection at trial (waived); counsel waived Bruton pretrial as strategy | Not considered on appeal (issue waived); ineffective-assistance claim for waiver rejected as reasonable trial strategy under Strickland |
| Ineffective assistance of counsel (multiple grounds) | Counsel inadequately prepared/communicated; waived Bruton objection; failed to properly request voluntary manslaughter instruction | Trial court found counsel prepared, waived Bruton strategically after consultation, and did submit a written voluntary-manslaughter charge which judge declined on evidentiary grounds | Affirmed: Browder failed to show deficient performance or prejudice under Strickland |
Key Cases Cited
- Tucker v. State, 245 Ga. 68 (explains burden to disprove considerable provocation in implied-malice cases)
- Parker v. State, 270 Ga. 256 (defines implied malice as extreme negligence/reckless disregard for life)
- Jackson v. Virginia, 443 U.S. 307 (standard for reviewing sufficiency of the evidence)
- Strickland v. Washington, 466 U.S. 668 (two-part test for ineffective assistance of counsel)
- Bruton v. United States, 391 U.S. 123 (co-defendant statements and confrontation clause principles)
- Crawford v. Washington, 541 U.S. 36 (testimonial statements and confrontation clause)
- Phillips v. State, 280 Ga. 728 (causation where victim dies after life support removal)
- Hicks v. State, 285 Ga. 386 (sustaining murder convictions where death followed life-support removal due to earlier injuries)