Brown v. State
291 Ga. 750
| Ga. | 2012Background
- Brown was convicted of felony murder, aggravated battery, kidnapping with bodily injury, aggravated assault (two counts), and burglary for the shooting death of J.R. Morrow.
- He moved for a new trial, which was denied, and appeals that denial and the convictions/sentences.
- On appeal, Brown argues insufficient evidence, lack of asportation proof for kidnapping, perjured testimony, and improper jury charges on mere approval and withdrawal from conspiracy.
- Evidence showed Brown planned the robbery, coordinated with Little and Peoples, and that the home invasion involved gunfire and kidnapping.
- A .25 Colt pistol linked to the case was found at a co-defendant’s home; Brown admitted involvement and had discussed gun use with others.
- The court applied Garza v. State factors for asportation and concluded the movement was substantial enough to sustain kidnapping.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence to convict | Brown's accomplice testimony alone could not sustain guilt. | Independent corroboration existed; statements and conduct corroborated Little's testimony. | Evidence adequate; corroboration supported guilt. |
| Asportation element of kidnapping with bodily injury | Asportation not proven by short movement. | Garza factors support sufficient asportation. | Garza factors satisfied; asportation proved. |
| Admission of alleged perjured testimony | State knowingly used perjured testimony from Little. | No preserved objection; inconsistencies do not equal perjury. | Claim not preserved; no perjury established. |
| Failure to charge mere approval and withdrawal from conspiracy | Trial court should have given these charged theories. | Plain-error review inapplicable due to timing and lack of preservation. | Charges not required; issues waived. |
Key Cases Cited
- Jackson v. Virginia, 443 U. S. 307 (U.S. 1979) (sufficiency standard for criminal convictions)
- Garza v. State, 284 Ga. 696 (Ga. 2008) (four-factor asportation test for kidnapping)
- Thomas v. State, 289 Ga. 877 (Ga. 2011) (recognizes not all Garza factors must be met)
- State v. Clements, 289 Ga. 640 (Ga. 2011) (Garza factors applied to asportation analysis)
- Hammond v. State, 289 Ga. 142 (Ga. 2011) (Garza factors and corroboration considerations)
- Mullins v. State, 270 Ga. 450 (Ga. 1999) (separate corroboration rule for accomplice testimony)
- Swift v. State, 274 Ga. 807 (Ga. 2002) (inconsistencies do not prove perjury)
- Cammon v. State, 269 Ga. 470 (Ga. 1998) (no constitutional requirement for fully consistent testimony)
- Alatise v. State, 291 Ga. 428 (Ga. 2012) (pretrial conduct and statements as corroboration)
- Moore v. State, 288 Ga. 187 (Ga. 2010) (slight extrinsic corroboration suffices)