Burden v. the State
332 Ga. App. 811
Ga. Ct. App.2015Background
- Burden was convicted of aggravated assault and sentenced to 15 years in Georgia.
- March 7, 2011, Burden and an accomplice attacked a taxi driver after a ride arrangement.
- They hit the driver and pepper-sprayed him while demanding money, then fled as the cab moved.
- Burden gave a police confession stating the plan to rob the driver and his participation.
- The trial court admitted the confession and denied motions for a new trial, leading to this appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Leading question challenged by Burden | Burden: question was leading | State: question not leading | Question not leading; objection overruled |
| Failure to instruct on simple assault | Burden: charge should have been given | State: harmless error without it | Harmless error; overwhelming evidence supports conviction |
| Exclusion of victim's prior acts of violence | Burden: evidence admissible for justification | State: no competent proof of prior acts | No abuse of discretion; exclusion harmless given overwhelming guilt |
| Motion to suppress confession | Burden: confession involuntary | State: voluntary confession; no coercion | Confession admitted; totality of circumstances supports admissibility |
Key Cases Cited
- Milner v. State, 258 Ga. App. 425 (2002) (leading questions test; does not suggest desired answer)
- Ealey v. State, 139 Ga. App. 110 (1976) (clarifies when questions are not leading)
- Riley v. State, 268 Ga. 640 (1997) (yes-no questions not leading)
- Edwards v. State, 264 Ga. 131 (1994) (harmless error for failure to give lesser-included offense charge)
- Holeman v. State, 226 Ga. App. 879 (1997) (harmless error when overwhelming evidence exists)