Brown v. State
301 Ga. 728
Ga.2017Background
- Jessica Brown was indicted for malice murder in connection with the May 20, 2010, shooting death of Joshua Gallimore; convicted by a jury in March 2012 and sentenced to life imprisonment.
- Brown and the victim had been in a long relationship that ended ~3 months before the killing; she expressed possessive and threatening statements and loaned him her car the day before he disappeared.
- Gallimore’s body was discovered days later in advanced decomposition; medical examiner found eight gunshot wounds to the head and estimated death 3–10 days earlier.
- Brown made inconsistent statements to police: she asked whether he had been shot before police knew cause of death, admitted being at his residence where “things went bad,” but later testified to a different alibi.
- No murder weapon was recovered; prosecution’s case was circumstantial, relying on motive, opportunity, Brown’s admissions, and her unique knowledge about the death.
- Brown filed a motion for new trial (amended twice), argued ineffective assistance, claimed denial of appellate counsel, and raised multiple trial error claims; the trial court denied the motion and the Georgia Supreme Court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Right to appointed appellate counsel | Brown: public defender abandoned her and she applied for counsel; she is indigent and entitled to appointed appellate counsel | State: Brown retained private trial counsel, made no pauper application or showing of indigency in trial court, and was informed of right to appointed counsel if indigent | Court: No deprivation; no showing of indigency or request in trial court, so no duty to appoint counsel on appeal |
| Sufficiency of circumstantial evidence for malice murder | Brown: evidence insufficient—no weapon, no direct proof of motive or malice, possible other perpetrator | State: circumstantial evidence showed motive, opportunity, incriminating admissions, unique knowledge, and excluded reasonable alternative hypotheses | Court: Evidence sufficient under former OCGA §24-4-6 and Jackson v. Virginia; conviction affirmed |
| Trial errors (jury selection, hearsay, leading questions, juror misconduct) | Brown: several trial errors denied her a fair trial, including juror who recognized her, improper hearsay, prosecutorial leading, and foreman remarking she was guilty | State: Many claims were unpreserved (no timely objections), some waived by procedural default or untimely appellate filings; trial court found no juror misconduct | Court: Most claims waived or procedurally defaulted; juror-misconduct allegation untimely; no reversible error found |
| Ineffective assistance of trial counsel | Brown: counsel failed to investigate, prepare, object, protect jury-selection rights, request lesser-included instructions, and abandoned representation post-conviction | State: Most critiques are bare assertions; trial counsel did not testify at new-trial hearing, no proffer of what further investigation would show, many decisions were trial strategy | Court: Strickland not satisfied—Brown failed to show deficient performance or prejudice; claims denied |
Key Cases Cited
- Trauth v. State, 295 Ga. 874 (2014) (indigent appellant need not specifically request counsel in some circumstances)
- Hopkins v. Hopper, 234 Ga. 236 (1975) (trial court may presume retained counsel will protect appellate rights absent a showing of indigency)
- Gibson v. State, 300 Ga. 494 (2017) (circumstantial evidence need only exclude every reasonable hypothesis other than guilt)
- Jackson v. Virginia, 443 U.S. 307 (1979) (standard for sufficiency of the evidence review)
- Strickland v. Washington, 466 U.S. 668 (1984) (two-prong test for ineffective assistance of counsel)
- Roberts v. State, 296 Ga. 719 (2015) (application of former OCGA § 24-4-6 to circumstantial-evidence cases)
- Capps v. State, 300 Ga. 6 (2017) (strong presumption that counsel’s conduct was reasonable; jury selection a tactical decision)