Brown v. State
297 Ga. 685
| Ga. | 2015Background
- Brown was convicted of felony murder based on depriving Davis of necessary sustenance during the final nine months of Davis’s life.
- Davis, a two-year-old, died from battered child syndrome with extensive injuries and malnutrition.
- Brown and Andrea Wilson, his live-in girlfriend and co-defendant, were the exclusive caretakers; both admitted to some abuse.
- Medical evidence showed malnutrition and chronic trauma; the State’s expert linked malnutrition to weakened healing and death.
- Defense argued the combination of injuries and malnutrition was not fatal, suggesting compression asphyxiation; State disagreed.
- Brown challenged (i) sufficiency of causation, (ii) ineffective assistance for proximately causation instructions and closing-emotion issue, and (iii) trial court’s prior consistent statements instruction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Proximate causation sufficiency | State contends malnutrition proximate cause. | Brown argues insufficient causation evidence. | Sufficient evidence supported proximate cause. |
| Ineffective assistance—proximate causation instruction | Counsel failed to object to pattern instruction. | Pattern charge adequate; no probability of different outcome. | No deficient performance; no reasonable probability of different outcome. |
| Ineffective assistance—mistrial for prosecutor’s emotion | Counsel should have objected to prosecutor’s display. | Emotion not undue; mistrial unnecessary. | No prejudice; no reversible error. |
| Prior consistent statements instruction | Stephens limits such instruction; error likely prejudicial. | Instruction harmless; not affecting outcome. | Harmless error; no reversal. |
Key Cases Cited
- White v. State, 281 Ga. 276 (2006) (proximate causation defined in context of felony murder)
- Knight v. State, 233 Ga. App. 819 (1998) (issues for jury to resolve regarding deprivation of sustenance)
- Vega v. State, 285 Ga. 32 (2009) (credibility and conflicts resolved by jury)
- Jackson v. State, 287 Ga. 646 (2010) (proximate causation and foreseeability standard)
- Wilson v. State, 297 Ga. 86 (2015) (affects proximate causation analysis in this context)
- Wilson v. State, 190 Ga. 824 (1940) (precedent on proximate causation standards)
- Stephens v. State, 289 Ga. 758 (2011) (limits on prior consistent statements instruction)
- Boyt v. State, 286 Ga. App. 460 (2007) (treatment of prior consistent statements instruction)