Brown v. State
288 Ga. 364
Ga.2010Background
- Brown was convicted of felony murder during the commission of aggravated assault, criminal damage to property in the second degree, and hindering a 9-1-1 call, and sentenced to life, 5 years, and 12 months respectively.
- The victim, Brown's girlfriend, resided with him in a mobile home and had been verbally and physically abused by Brown.
- On May 25, 2003, the victim returned to retrieve belongings with Kerlanda Reynolds and Brown's cousin Antwan McBride present; Brown assaulted her and eventually set her on fire after pouring gasoline on her.
- Reynolds attempted to call 9-1-1 but Brown snatched the phone and ended the call, prompting the victim to seek help from a neighbor.
- Both Brown and the victim were severely burned; Brown provided inconsistent explanations to investigators and paramedics about how the fire started.
- The victim died two weeks after returning home from medical treatment, due to extensive thermal injuries and related complications.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for felony murder | Brown argues death resulted from pneumonia, not his actions | State contends burns directly and materially contributed to death | Sufficient evidence supported felony murder via direct and proximate cause |
| Sufficiency of evidence for underlying aggravated assault | Claim of insufficient evidence of who started the fire | Testimony supported Brown's intent to inflict injury | Evidence sufficient to support aggravated assault and related murder verdicts |
| Hearsay and necessity of exception | Admission violated Crawford and Davis | Statements not testimonial; necessity exception applies | No reversible error; admissibility upheld under Chapel and related authorities |
| Requests to charge lesser included offenses | Involuntary manslaughter/simple assault/battery should be charged | Evidence showed completed offenses or no offense; no need for lesser charges | No error; no entitlement to lesser included offense instructions |
Key Cases Cited
- Bryant v. State, 270 Ga. 266, 507 S.E.2d 451 (1998) (GA 1998) (proximate cause framework for death following injury)
- Dyers v. State, 277 Ga. 859, 596 S.E.2d 595 (2004) (GA 2004) (proximate cause and death causation in homicide)
- Green v. State, 266 Ga. 758, 470 S.E.2d 884 (1996) (GA 1996) (causation in homicide felonies)
- Dunbar v. State, 263 Ga. 769, 438 S.E.2d 356 (1994) (GA 1994) (proximate cause and liability in murder)
- Sanders v. State, 281 Ga. 36, 635 S.E.2d 772 (2006) (GA 2006) (sufficiency of evidence in murder convictions)
- Lowe v. State, 276 Ga. 538, 579 S.E.2d 728 (2003) (GA 2003) (evidence sufficiency in criminal convictions)
- Alexander v. State, 263 Ga. 474, 435 S.E.2d 187 (1993) (GA 1993) (standard for reviewing evidence on appeal)
- Johnson v. State, 246 Ga. App. 109, 539 S.E.2d 605 (2000) (Ga. App. 2000) (evidentiary sufficiency in assault cases)
- Ward v. State, 304 Ga. App. 517, 696 S.E.2d 471 (2010) (Ga. App. 2010) (interpretation of ‘another’ in criminal statutes)
- Jackson v. State, 287 Ga. 646, 697 S.E.2d 757 (2010) (GA 2010) (proximate cause framework in felony murder; distinction from civil liability approach)
- Smith v. State, 284 Ga. 304, 667 S.E.2d 65 (2008) (GA 2008) (admissibility of out-of-court statements under hearsay exceptions)