Brown v. State
321 Ga. App. 198
| Ga. Ct. App. | 2013Background
- Brown, plant manager at KMM Telecommunications, authorized overtime and oversaw payroll.
- Brown allegedly falsified overtime records for employees (Deveaux, Black, Dooley) in exchange for a portion of unearned pay.
- Knighton complained; Buffington investigated, leading to Brown’s termination by KMM and a police investigation.
- Brown was convicted by a jury of one RICO violation based on falsified overtime reports; motion for new trial denied.
- Appellant argues evidentiary error, plain error for lack of corroboration instruction, ineffective assistance of counsel, and insufficient evidence; appellee seeks affirmance.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Testimony admissibility on Brown’s termination | Brown | Buffington's testimony relevant to investigation and termination | No abuse of discretion; admissible relevance and cumulative evidence |
| Plain error for lack of corroboration instruction | Brown | Other corroborating evidence existed besides accomplice testimony | No plain error; corroboration present |
| Ineffective assistance of counsel | Brown | Counsel's conduct strategic and reasonable | No deficient performance established under Strickland |
| Sufficiency of the evidence | Brown | Evidence supports conspiracy and falsification | Sufficient evidence supports verdict |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (U.S. Supreme Court 1984) (ineffective assistance standard for counsel adverse conduct)
- Robinson v. State, 277 Ga. 75 (Ga. 2003) (standard for appellate review of trial evidence)
- Smith v. State, 284 Ga. 304 (Ga. 2008) (Georgia evidentiary and evidentiary sufficiency principles)