Burrell v. State
301 Ga. 21
Ga.2017Background
- Burrell was convicted of malice murder, felony murder, aggravated assault, robbery, theft, and battery for crimes against Upshaw and Griffith.
- Upshaw, a 66-year-old paralyzed man, was killed after Burrell stayed with him and relatives observed Burrell at Upshaw’s home on April 8, 2008.
- Ivery and Kilpatrick witnessed Burrell on Upshaw, strangling him, stomping his neck, binding his hands, and dragging him to a closet; others later joined in and alcohol/air fresheners were used to mask odor.
- Griffith, Upshaw’s 83-year-old aunt, was assaulted by Burrell on April 11, 2008; Burrell bound her, gagged her, and planned to kill her; he and two men fled in Griffith’s car.
- Griffith escaped, called 911, and officers found Upshaw’s body with evidence of strangulation; a photo lineup led to Burrell’s identification by Griffith.
- Burrell was located in Chicago with Griffith’s cell phone; the medical examiner determined Upshaw died by strangulation, likely April 9–10, 2008.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence | State | Burrell | Evidence supports guilt beyond reasonable doubt |
| Ineffective assistance of counsel | Burrell | Burrell | No deficient performance shown; Strickland test unmet |
| Hearsay res gestae and preservation | Burrell | Burrell | Issue not reviewable; insufficient record of complained statement |
| Brady/Giglio disclosure | Burrell | Burrell | Meritless; no evidence of plea deals for Kilpatrick or Ivery |
| Mistrial for Griffith’s emotional outburst | Burrell | Burrell | Not preserved; no abuse of discretion shown |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (sufficiency standard for review of evidence)
- United States v. Cronic, 466 U.S. 648 (U.S. 1984) (presumption of prejudice requires complete failure)
- Turpin v. Curtis, Ga. 278 (Ga. 2004) (discusses complete prejudice standard for Cronic)
- McClendon v. State, 299 Ga. 611 (Ga. 2016) (remand not required if record shows no ineffectiveness)
- Duvall v. State, 290 Ga. 475 (Ga. 2012) (trial counsel not deficient for meritless objections)
- Bradshaw v. State, 300 Ga. 1 (Ga. 2016) (defendant bears burden to show suppression would succeed)
- Hayes v. State, 298 Ga. 98 (Ga. 2015) (motion to suppress must have a likely favorable outcome to be deficient)
- Ragan v. State, 299 Ga. 828 (Ga. 2016) (contemporaneous objection required to preserve mistrial issue)
- Williams v. State, 276 Ga. 384 (Ga. 2003) (trial court’s denial of mistrial reviewed for abuse of discretion)