Bullard v. State
307 Ga. 482
| Ga. | 2019Background
- April 21, 2013: John Johnson (a Crips member) was shot and killed on East Macon Family turf; Bullard (an East Macon Family member) was indicted for malice murder, related gang-act charges under the Georgia Street Gang Terrorism and Prevention Act, and possession of a firearm during the commission of a felony.
- Eyewitness Eric Mason initially told police Bullard shot Johnson and identified him in a photo lineup; at trial Mason recanted and equivocated but prior statements were admitted as substantive evidence. Co-defendant Markel Parks gave pretrial statements implicating Bullard but disavowed them at trial.
- Forensics: seven 9mm shell casings and a fatal 9mm bullet were recovered; a firearms examiner linked six casings to a single 9mm and said the gun could have fired the fatal bullet.
- Gang evidence: two gang experts and social-media photographs linked Bullard to the East Macon Family; testimony established rival gang presence, territorial rules, and that shooting a rival could advance gang status.
- Procedural posture: Bullard was convicted on malice murder, a Street Gang Act violation, and firearm possession; life without parole plus consecutive terms; he appealed arguing insufficiency of evidence, and errors in denying a special demurrer, a motion to bifurcate, and a motion in limine.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Bullard) | Held |
|---|---|---|---|
| Sufficiency of evidence to convict, including Street Gang Act violation | Evidence (eyewitness pretrial statements, gang expert testimony, social-media photos, forensic linkage) suffices to prove Bullard shot Johnson, was associated with East Macon Family, and acted to further the gang | Evidence was vague/conflicting (recantations, equivocation); insufficient to prove gang-act elements | Affirmed: evidence sufficient; prior inconsistent statements admitted as substantive evidence; rational jury could convict beyond a reasonable doubt (Jackson standard) |
| Special demurrer to Street Gang Act counts (alleged lack of specificity) | Indictment sufficiently alleged date, county, gang identity, predicate act, victim, and manner — adequate to prepare defense | Indictment imperfect: needed more specifics (when gang formed, which rival gang, when Bullard became a member, nature of association) | Denial affirmed: Count 5 was sufficiently specific to withstand a special demurrer; further details not required |
| Motion to bifurcate trial to exclude gang evidence from merits phase | Gang-evidence relevant and intrinsic to murder and other charged crimes; not unfairly prejudicial; needed to explain context, motive, and chain of events | Gang evidence would be improper character evidence, unfairly prejudicial and confusing unless guilt of assault/murder was first established | Denial affirmed: gang evidence was intrinsic (necessary to complete the story, provide motive/context) and admissible; probative value not substantially outweighed by unfair prejudice |
| Motion in limine to exclude social-media photos and law-enforcement identification in them | Officer identification and expert testimony were admissible; officer could give lay-opinion ID (Rule 701) based on long familiarity; limited prejudice | Photographs "speak for themselves"; officer ID was prejudicial and usurped jury factfinding | Denial affirmed: officer’s identification admissible as lay-opinion under Rule 701(a) given his familiarity; not unduly prejudicial under Rule 403 |
Key Cases Cited
- Chavers v. State, 304 Ga. 887 (court discusses elements/proof for Street Gang Act)
- Jackson v. Virginia, 443 U.S. 307 (standard for sufficiency of evidence review)
- Jackson v. State, 306 Ga. 706 (jury credibility and sufficiency principles)
- Esprit v. State, 305 Ga. 429 (prior inconsistent statements admissible as substantive evidence)
- Berry v. State, 268 Ga. 437 (recanted eyewitness statements can be substantive evidence)
- Fleming v. State, 306 Ga. 240 (intrinsic evidence: completing the story, motive/context)
- Glenn v. State, 306 Ga. 550 (lay identification of defendant in photos under Rule 701)
- Kimbrough v. State, 300 Ga. 878 (purpose and scope of special demurrer)
- Wyatt v. State, 295 Ga. 257 (special demurrer specificity principles)
- Barnes v. State, 287 Ga. 423 (bifurcation unnecessary when evidence is independently admissible)