Brown v. State
310 Ga. App. 285
| Ga. Ct. App. | 2011Background
- Brown was driver in a single-vehicle crash at about 1:00 a.m. in Gwinnett County; passenger died and Brown had a strong odor of alcohol.
- Blood alcohol concentration measured at 0.164 g/100 ml; Brown was arrested for DUI and later charged with first-degree homicide by vehicle (death of passenger) under OCGA §§ 40-6-393(a) and 40-6-391(a)(5).
- Brown claimed the passenger grabbed the steering wheel and caused the crash; officer testimony showed Brown’s post-accident statements did not include this claim.
- During jury deliberations, a juror communicated with the bailiff; the court removed that juror and replaced her with an alternate, instructing the jury anew.
- Brown acquiesced in the juror’s removal, and the court’s subsequent procedures were upheld under OCGA § 15-12-172; the jury began deliberations anew.
- Issues also included admissibility of photographs, alleged ineffective assistance of counsel, and various procedural rulings surrounding the trial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for first-degree vehicular homicide | Brown drove with BAC >0.08 and caused death of passenger | Passenger grabbed wheel; Brown not the cause | Evidence sufficient to convict |
| Juror removal during deliberations under OCGA § 15-12-172 | Removal allowed only if good cause; Brown’s acquiescence forecloses error | Trial court abused discretion by removing juror | No abuse; removal proper due to legal cause |
| Regiving jury charge after replacement | Entire charge should be re-read to the jury | Re-deliberation with proper instructions sufficient | No error; instructions adequate |
| Ineffective assistance of trial counsel | Counsel failed in multiple aspects (sequestration, mistrials, photographs, expert testimony, defendant's absence) | Counsel’s decisions were strategic and not ineffective | No ineffective assistance; no prejudice shown |
Key Cases Cited
- Parker v. State, 220 Ga.App. 303 (Ga. App. 1996) (evidentiary review for sufficiency in criminal appeals)
- Jackson v. Virginia, 443 U.S. 307 (U.S. Supreme Court 1979) (sufficiency standard for conviction)
- Daniley v. State, 274 Ga. 474 (Ga. 2001) (verdicts must be received and published; trial court discretion)
- Moon v. State, 288 Ga. 508 (Ga. 2011) (juror removal for legal cause during deliberations)
- Connelly v. State, 295 Ga.App. 765 (Ga. App. 2009) (ineffective assistance standard; mixed questions of law and fact)
- Huff v. State, 274 Ga. 110 (Ga. 2001) (presence rights during critical stages)
- Barrett v. State, 275 Ga. 669 (Ga. 2002) (presence and procedural rights during trial)
- Strickland v. Washington, 466 U.S. 668 (U.S. Supreme Court 1984) (standard for ineffective assistance of counsel)
- Jones v. State, 289 Ga. 145 (Ga. 2011) (relevance of jury charge and substantial rights)