Brunson v. State
293 Ga. 226
| Ga. | 2013Background
- Brunson, intoxicated, tried to enter a Savannah nightclub with gin; security denied entry for outside liquor.
- Milton, an employee, searched Brunson and refused entry; Brunson became belligerent and threatened to return.
- Brunson returned about 15–30 minutes later, engaged in a struggle, and shot Milton as they tussled near the side door.
- Police found a single-shot revolver on the sidewalk; Milton did not have a weapon; gunfire was the only shot.
- Brunson was convicted of felony murder and related firearm offenses; the trial court denied a self-defense instruction; the court affirmed on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the evidence supported a jury instruction on self-defense | Brunson contends slight evidence warranted self-defense | State argues no justification existed given no testimony from Brunson and no evidence Milton used deadly force | No self-defense instruction warranted |
| Whether evidence was sufficient for felony murder conviction | Brunson argues insufficient evidence to prove felony murder beyond reasonable doubt | State asserts record shows Brunson’s act caused Milton’s death during a struggle | Evidence sufficient under Jackson v. Virginia to sustain conviction |
| Whether the trial judge’s conduct violated due process by bias or impartiality concerns | Brunson claims judge displayed bias during charge conference and rulings | State asserts no reversible bias; no fault in rulings or remarks | No due process violation; judge not shown to be biased or to prejudge the case |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (sufficiency of evidence standard for jury verdicts)
- McNeal v. State, 289 Ga. 711 (Ga. 2011) (slight evidence suffices for self-defense instruction)
- Hunter v. State, 281 Ga. 693 (Ga. 2007) (no self-defense charge when no necessity to shoot)
- Kilpatrick v. State, 252 Ga. App. 900 (Ga. App. 2001) (no self-defense charge where victim was unarmed and deterrence occurred)
- Edmonds v. State, 275 Ga. 450 (Ga. 2002) (custodial statement evidence supporting justification defense)
- Johnson v. State, 278 Ga. 344 (Ga. 2004) (judge not to express opinion or influence jury through remarks)