Brown v. State
307 Ga. App. 797
| Ga. Ct. App. | 2011Background
- Brown was convicted of armed robbery, aggravated assault, and weapon possession; new-trial motion denied.
- The February 6, 2008 Wachovia ATM robbery description: African-American suspect, tall, black clothing with bandanna; $100 then $200 more taken; gun seen.
- Police located Brown near the scene; bandanna and belongings found; victim identified Brown; surveillance photos admitted at trial.
- Brown challenged two peremptory strikes as racially motivated under McCollum; trial court seated two previously-struck jurors after finding discrimination.
- Trial court applied a three-step McCollum framework; court found discriminatory intent and reseated jurors; remedy via silent-strike method used.
- Suppression motion denied; probable cause supported arrest; identification evidence found admissible; prosecutorial remarks challenged but waived; ineffective-assistance claims reviewed and denied.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| McCollum racial-discrimination challenge | Brown asserts discriminatory use of strikes. | State contends no clear error in court's McCollum ruling. | Trial court correctly found discrimination and seated jurors. |
| Remedy for Batson/McCollum violations | Reseating jurors violated fair-trial rights. | Silent-strike seating approved; no Sixth Amendment violation. | Court approved seating method and denied error. |
| Warrantless vehicle search suppression | Search lacked probable cause. | Probable cause existed via collective knowledge from dispatcher and officers. | Probable cause existed; suppression denied. |
| Identification evidence admissibility | Identification should have been suppressed as improper. | Identification properly admitted; waivers apply. | Identification properly admitted; issues waived. |
| Prosecutorial misconduct and curative instructions | Closing remarks improperly commented on silence; curative measures insufficient. | Trial court curative instructions cured any prejudice; waiver. | Waived; no reversible error found. |
Key Cases Cited
- Brown v. State, 287 Ga. 238 (Ga. 2010) (verbal formulations and evidentiary standards cited)
- Tillman v. State, 240 Ga. App. 78 (Ga. App. 1999) (McCollum-type discrimination framework)
- Rose v. State, 287 Ga. 238 (Ga. 2010) (standard for racial discrimination burden and deference to trial court)
- Thomas v. State, 299 Ga. App. 235 (Ga. App. 2009) (three-step McCollum process and burden-shifting)
- Holmes v. State, 273 Ga. 644 (Ga. 2001) (application of Batson principles and credibility)
- Garland v. State, 256 Ga. App. 313 (Ga. App. 2002) (acquiescence and waiver in appellate review)