Brown v. State
289 Ga. 259
| Ga. | 2011Background
- Brown was convicted by jur y of two counts of malice murder and related offenses for the asphyxiation death of Irene Arp and the bludgeoning death of her daughter Linda Buchanan; entry to Arp's home was via an unlocked bathroom window; vehicle and personal property tied Brown to the scene and crimes; jailhouse confession and other physical evidence linked Brown to the murders; Brown admitted participating in some aspects but contested others; sentencing included multiple life-without-parole terms, with three extra felony-murder sentences later found illegal.
- The jury heard that Buchanan's car and Arp's purse were stolen, with the car later found abandoned containing stolen items; Buchanan's house keys were located in Brown's bedroom and the key to the car was found in vegetation near Brown's home.
- Brown initially denied involvement, later admitted being in Buchanan's car, claimed to have rented it, and confessed to entering Arp's home and committing the assaults, with varying accounts of involvement in the killings.
- The trial court refused a requested impeachment-by-conviction instruction for a jailhouse witness who testified to a prior conviction; the court gave theft-by-taking instructions that Brown challenges as improper burden shifting; the court conducted a post-trial sentencing phase resulting in five life-without-parole sentences.
- On appeal, Brown argued ineffective assistance of trial counsel and claimed denial of a speedy-trial claim; the Georgia Supreme Court affirmed the convictions, but remanded for resentencing to vacate three surplus felony-murder life terms.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is the evidence sufficient to support the verdicts? | Brown | State | Yes; evidence, including jailhouse confession and physical links, supports guilt. |
| Was the impeachment-by-prior-conviction instruction error, and is it harmless? | Brown | State | Error in omitting instruction; harmless due to overwhelming evidence and credibility charge. |
| Did the theft-by-taking instruction improperly shift the burden? | Brown | State | No; instruction was proper and permissive, not a mandatory burden shift. |
| Was there ineffective assistance of trial counsel needing an evidentiary hearing? | Brown | State | No need for further hearing; record shows trial counsel's actions were reasonable under Strickland. |
| Are multiple felony-murder sentences lawful when malice murder and underlying felonies exist? | Brown | State | Three felony-murder sentences for each victim must be vacated; only one life sentence per malice murder count remains. |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (U.S. Supreme Court, 1979) (sufficiency standard for evidence to sustain verdicts)
- McIntyre v. State, 266 Ga. 7 (Ga. 1995) (harmless-error review for omitted jury instruction)
- Harwell v. State, 270 Ga. 765 (Ga. 1999) (prior-conviction impeachment evidence admissible for credibility when crime of moral turpitude shown)