Bryant v. State
288 Ga. 876
| Ga. | 2011Background
- Bryant was convicted of two malice murders and one armed robbery stemming from May 21, 2004, killings of Kilgore and Richards; trial led to life without parole for Kilgore and a death sentence for Richards.
- Bryant argued grand jury pool under-representation based on race/age groups; Georgia Supreme Court reviewed composition challenges under OCGA §15-12-40.
- Bryant challenged jury selection, voiring and Batson challenges; new sentencing trial ordered due to victim impact testimony error.
- State presented evidence tying Bryant to murders and subsequent actions (flight, discarded items, and statements) with Bryant denying culpability and claiming self-defense.
- In sentencing, the court found unconstitutional victim impact testimony and vacated death and life-without-parole sentences, remanding for resentencing before a new jury.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence for guilt | Bryant argues evidence insufficient | State asserts sufficient evidence | Evidence sufficient to support guilt beyond reasonable doubt |
| Grand jury pool representation | African-American 55+ and Hispanic groups under-represented | No cognizable under-representation shown | Claims fail under applicable case law and statutes |
| Batson challenges to/for jurors | State struck jurors on improper basis | Reasons race-neutral and nonpretextual | No reversible error; no discrimination found in strikes against Sparks and McIntosh |
| Admission of victim impact testimony in sentencing | Testimony permissible under Payne and OCGA §17-10-1.2 | Testimony violated limits on victim impact evidence | Constitutional violation; reversible error requiring new sentencing trial |
| Harmlessness of prosecutorial/other trial errors in sentencing | Cumulative errors support sustained conviction and death sentence | Not applicable due to remand for new sentencing; issues discussed as non-sinequa. |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (U.S. Supreme Court 1979) (sufficiency of evidence standard for criminal conviction)
- Batson v. Kentucky, 476 U.S. 79 (U.S. Supreme Court 1986) (prohibition on race-based peremptory challenges; standard of review)
- Payne v. Tennessee, 501 U.S. 808 (U.S. Supreme Court 1991) (victim impact evidence permitted but limited by due process concerns)
- Livingston v. State, 264 Ga. 402 (Ga. 1994) (limitations on victim impact testimony and constitutionality of OCGA § 17-10-1.2)
- Sermons v. State, 262 Ga. 286 (Ga. 1992) (limits on victim impact testimony in death penalty trials)