Brown v. State
288 Ga. 404
| Ga. | 2010Background
- Appellant Brown was convicted of malice murder of his wife and two counts of tampering with evidence following an Oct. 15, 2007, killing near the victim's Athens residence.
- Victim died from craniocerebral trauma inflicted by a blunt object; a blood-stained tree branch matched victim DNA was found near the scene.
- A neighbor saw a man wiping the victim’s car and carrying two trash bags; a police canine trail led to Brown’s sister’s home where Brown was located.
- Search of sister’s home yielded red-stained shoes, wet clothing, and identification cards bearing Brown’s name, all connected to the victim.
- Tires, shoes, and clothing linked Brown to the scene; there were prior police responses to domestic disputes, with uncertainty over the primary aggressor.
- The trial court denied suppression and the jury convicted Brown; the appellate court remanded for resentencing on tampering counts and upheld the other convictions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for malice murder and tampering | Brown argues evidence does not prove malice murder or two tampering counts | State contends evidence connects Brown to the scene and destruction of evidence | Evidence sufficient for malice murder; tampering counts limited to misdemeanor |
| Admissibility of evidence from sister’s home without a warrant | Brown contends no valid third-party consent for search and seizure | State asserts voluntary consent by sister and exigent circumstances | Warrantless search authorized by valid third-party consent; no Fourth Amendment error |
| Admission of victim’s petition for temporary protective order as testimonial | Admission violated Crawford because testimonial statements were not cross-examined | Court admitted as non-testimonial due to emergency context | Admission error under confrontation clause; harmless given cumulative and overwhelming other evidence |
| Admission of the temporary protective order itself and redaction issue | Redaction of language favored defense; could be prejudicial | Language cumulative with officer testimony confirming domestic violence | Harmless error; language redundancy did not affect result |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (U.S. Supreme Court 1979) (reversed sufficiency standard for trial evidence)
- White v. State, 287 Ga. 713 (Ga. 2010) (limits on appellate sentencing and evidence points)
- English v. State, 282 Ga.App. 552 (Ga. App. 2006) (proof of limitations on tampering sentences)
- State v. McBride, 261 Ga. 60 (Ga. 1991) (consent to search by householder suffices to seize but not open closed containers)
- Gray v. State, 296 Ga.App. 878 (Ga. App. 2009) (voluntariness of consent and validity of third-party searches)
- Crowe v. State, 265 Ga. 582 (Ga. 1995) (consent to search by third party as valid exception to warrant requirement)
- Davis v. Washington, 547 U.S. 813 (U.S. 2006) (testimonial vs. nontestimonial statements in emergency vs. non-emergency contexts)
- Wright v. State, 285 Ga. 57 (Ga. 2009) (confrontation implications for testimonial statements)