Browner v. State, 296 Ga. 138

Appellant Antonio Browner was convicted of felony murder, armed robbery, and related offenses arising from a Family Dollar store shooting during a robbery and a later armed robbery of Fran Meyer and attempted car-jacking.
Video from store security cameras showed Browner wearing distinctive pajama-style pants and participating with co-indictees at the store; courthouse video showed Browner wearing the same pants earlier the same day.
A phone call from Browner’s cell phone during the robbery captured threats to the manager and a gunshot; Browner later admitted involvement in the robbery but denied killing anyone.
Police stopped Smith’s car, found evidence tying Browner to the armed robbery and Meyer’s carjacking; Meyer identified Browner’s co-indictee Smith’s car, and a purse and checkbook linked Browner to the crimes.
Additional corroboration came from Browner’s younger relatives and pajama-style pants matching those worn at the robbery recovered from a dumpster; Browner testified he pulled the gun to scare, not to kill.
Browner challenged the trial court’s admission of four photographs of the victim’s body and the voluntariness of two custodial statements, which the court admitted after a suppression hearing.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency of the evidence	Browner argues insufficient evidence to convict, especially on secondary charges.	State contends the evidence viewed in the light most favorable supports guilt as a party to the crimes.	Evidence sufficient for rational jury to convict Browner on all charges.
Admissibility of custodial statements	Totality of circumstances rendered statements involuntary due to isolation and timing.	Waivers and video evidence support voluntariness; no coercive conduct proven.	Two custodial statements admitted; voluntariness upheld.
Gruesomeness and admissibility of photographs	Photographs were gruesome and prejudicial with no independent probative value.	Photos were relevant to cause of death and wound details; admissible under prior Georgia rule.	Photographs properly admitted; no abuse of discretion.
Requested jury instruction on accident or misfortune	Evidence supported accident/misfortune instruction due to coercion defense.	Appellant’s own testimony negates accident theory; instruction improper.	No error; instruction not required given the evidence.

Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (sufficiency review demands proof beyond reasonable doubt; not reweighing evidence)
Caldwell v. State, 263 Ga. 560 (Ga. 1993) (appoints role of appellate review in resolving evidentiary conflicts)
Smith v. State, 295 Ga. 283 (Ga. 2014) (clarifies voluntariness standards for confessions; credibility of findings reviewable)
Fennell v. State, 292 Ga. 834 (Ga. 2013) (voluntariness standards; lack of extreme interrogation tactics)
Johnson v. State, 289 Ga. 106 (Ga. 2011) (photographs and medical devices in evidence not per se inadmissible)
Stewart v. State, 286 Ga. 669 (Ga. 2010) (trial court's discretion in admitting photographs; review for abuse of discretion)
White v. State, 266 Ga. 134 (Ga. 1996) (scope of admissibility of pretrial statements and related evidence)