Burgess v. State
292 Ga. 821
| Ga. | 2013Background
- On Oct 25, 2008 Burgess participated in a drive-by shooting in Clayton County using a vehicle from which Andre Weems fired at three teens, killing one.
- Witnesses testified Burgess and others in the vehicle were Murk Mob gang members; prior altercation with rival gang 220 occurred at a stadium parking lot.
- The group targeted the 220 leader but did not find him and instead shot at nearby teens; Burgess allegedly drove the vehicle and knew Weems intended to shoot.
- Burgess testified he did not belong to a gang and that Weems forced him to drive, though he admitted flashing headlights to warn of the shooting.
- The jury found Burgess guilty of felony murder and six counts of aggravated assault, with a firearm during the crime; he received life for felony murder and concurrent sentences for others; malice murder was acquitted.
- The Court affirmed the convictions on appeal, addressing evidentiary and authentication challenges.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence to convict | Burgess contends insufficient evidence supports the verdict | State argues evidence showed Burgess participated knowingly | Evidence adequate; rational jury could convict |
| Qualification of Officer Ricks as gang expert | Ricks improperly qualified; insufficient basis | Ricks possessed specialized knowledge and training | No abuse of discretion; Ricks qualified as expert |
| Authentication of MySpace printout | Printout insufficiently authenticated | Circumstantial authentication established via witnesses and corroboration | Authentication proper; printout admitted |
| Admission of altercation/motive evidence from football game | Evidence irrelevant or unfairly prejudicial | Evidence relevant to motive and part of the res gestae | Admissible to show motive; not error |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 ((1979)) (sufficiency standard for criminal convictions)
- Jones v. State, 287 Ga. 770 ((2010)) (expert qualification; trial court discretion)
- Merritt v. State, 285 Ga. 778 ((2009)) (motive and relevance in criminal trial)
- Smoot v. State, 316 Ga. App. 102 ((2012)) (authentication via circumstantial evidence; electronic records admissibility)
- Hammontree v. State, 283 Ga. App. 736 ((2007)) (evidence authentication standards for electronic sources)