Bush v. State
317 Ga. App. 439
| Ga. Ct. App. | 2012Background
- Bush was indicted for armed robbery, two counts of false imprisonment, four counts of aggravated assault, and possession of a firearm during the commission of a felony.
- One false imprisonment count was dismissed; a jury acquitted Bush on two aggravated assault counts but convicted on the remaining charges.
- Bush's amended motion for new trial was denied and he appeals challenging sufficiency of evidence and alleged improper court remarks.
- The evidence showed Bush and accomplice Sapp robbed a diner, forced a male victim to open the register, and threatened a female victim; they were later found with stolen cash, similar clothing, and two guns.
- Under OCGA 16-2-21, a party to a crime can be convicted for the crime even if they did not directly commit it, if they were a party to its commission.
- Bush argued duress/coercion, contending his acts were compelled by Sapp, but the court gave a proper coercion charge and the jury could resolve credibility and reasonableness.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Insufficiency of evidence to sustain a guilty verdict | Bush claims evidence fails to prove guilt beyond reasonable doubt. | State contends sufficient evidence supports Bush's party-to-crime liability. | Evidence sufficient to support guilt beyond a reasonable doubt. |
| Whether the trial court's Jackson testimony question violated OCGA 17-8-57 | Bush argues the judge’s question suggested the court’s credibility judgment of Jackson. | State asserts questions to clarify testimony are permissible and not an improper credibility cue. | No violation; questioning was proper to clarify testimony and did not express the court’s opinion. |
Key Cases Cited
- Powell v. State, 310 Ga. App. 144 (Ga. App. 2011) (evidence reviewed in light of verdict; no presumption of innocence on appeal)
- Jackson v. Virginia, 443 U.S. 307 (U.S. Supreme Court 1979) (sufficiency standard; require rational trier of fact to find guilt beyond reasonable doubt)
- Holder v. State, 194 Ga. App. 790 (Ga. App. 1990) (coercion defense standards; imminent danger requirement)
- Martinez v. State, 303 Ga. App. 71 (Ga. App. 2010) (jury resolves evidentiary conflicts and credibility)
- Treadwell v. State, 272 Ga. App. 508 (Ga. App. 2005) (jurisdiction on coercion/duress instructions)
- Smith v. State, 275 Ga. App. 60 (Ga. App. 2005) (OCGA 17-8-57 and trial court conduct standards)
- Foster v. State, 314 Ga. App. 642 (Ga. App. 2012) (trial court’s questioning within discretion to develop truth)
- Finley v. State, 286 Ga. 47 (Ga. 2009) (scope of trial court’s questions to witness)
- Callaham v. State, 305 Ga. App. 626 (Ga. App. 2010) (clarifying confusing testimony; not improper sentiment bias)