Brown v. State
320 Ga. App. 382
Ga. Ct. App.2013Background
- Brown was convicted by jury of multiple offenses arising from offenses during three months in 2005, including armed robbery, hijacking, and possession of a firearm during the commission of a felony.
- Victims Penn, Best, Holmes, and Inman were involved in separate incidents in July–September 2005, with Brown using a green Jetta and a black pistol to seize vehicles and wallets.
- Evidence included victims’ testimonies, Brown’s accomplices’ testimony, physical evidence such as Brown’s fingerprints on a recovered vehicle, and the stolen pistol’s chain of custody.
- After conviction, Brown moved for a new trial, challenging eyewitness identification procedures and trial counsel performance, among other issues.
- The trial court denied the motion for new trial, leading to this appeal.
- The court addresses four issues: eyewitness certainty instruction, pre-trial identification procedure suggestiveness hearing, ineffective assistance, and sufficiency of the evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Eyewitness certainty instruction error | Brown argues Brodes requires reversal for the certainty instruction. | State contends the error was harmless given corroboration and other evidence. | Harmless error; verdict upheld due to strong corroboration and identity evidence. |
| Pre-trial identification suggestiveness hearing | Brown asserts Perry requires a pre-trial hearing to assess suggestiveness. | State says Perry does not require such a hearing; cross-examination suffices. | No due process violation; procedures not unduly suggestive. |
| Ineffective assistance for pre-trial exclusion of in-court identifications | Brown contends counsel was deficient for not seeking exclusion of in-court identifications. | Pre-trial exclusion would have been meritless under Neil/Biggers; Strickland not met. | No ineffective assistance; challenge fails under Strickland. |
| Sufficiency of the evidence | Brown maintains evidence is insufficient for some convictions. | Evidence suffices under standard; multiple corroborating sources. | Sufficient evidence supports convictions; judgment affirmed. |
Key Cases Cited
- Brodes v. State, 279 Ga. 435 (Ga. 2005) (identification with witnesses who knew the defendant; harmless error when not misidentified)
- Perry v. New Hampshire, 132 S. Ct. 716 (U.S. 2012) (due process not require pre-trial reliability hearing when not police-arranged)
- Neil v. Biggers, 409 U.S. 188 (U.S. 1972) (identify factors for misidentification under totality of circumstances)
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (test for ineffective assistance of counsel)
- Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (sufficiency of evidence standard; rational trier of fact could find guilt)