Butler v. State
290 Ga. 412
| Ga. | 2012Background
- Appellant Butler and co-defendant Holmes were found guilty after a jury trial of malice murder and armed robbery of Rickey Gibson, burglary of Gibson’s and Alexis Yates’s dwelling, aggravated assault against their infant Jordan Yates, aggravated assault and kidnapping of Ms. Yates, two firearm possession counts, burglary of Randy Manning’s dwelling, aggravated assault against Greg Pridgen, and hijacking Pridgen’s car; Holmes was also guilty of possession of marijuana.
- Evidence showed intruders with guns entered Gibson/Yates’s home, forced Ms. Yates outside, Gibson was shot and killed, the baby was present, and Holmes and Butler were identified by witnesses; shoe prints and DNA on a bloody sock linked Butler; a stolen gold watch from Gibson was later found in Manning’s yard; a camera with Butler and Holmes’s photos was found in a vehicle.
- Pridgen identified both men as attackers; two co-indictees’ vehicle contained Butler’s mother’s pills and photos of Butler and Holmes; the jury saw testimony and physical evidence supporting participation in the crimes.
- The State sought severance and the trial court denied it; there was an identification issue at pre-trial show-up but the court admitted the show-up evidence.
- The trial court granted an alternate juror after Juror 12 was found to have expressed anti-defendant views; the court conducted questioning and found a valid basis for removal; the judgments were affirmed on appeal.
- The motion for new trial was denied in the trial court and Butler appealed; the Supreme Court of Georgia affirmed the judgments.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Severance of co-defendants required? | Butler argues severance warranted due to weak murder evidence vs. Holmes. | Holmes’s defense was antagonistic to Butler’s; but evidence showed common plan. | The court did not abuse discretion; joinder proper for common scheme. |
| Pre-trial identification suppression | Show-up identification should be suppressed as prejudicial. | Show-up was permissible to aid speedy investigation; reliability disputed. | Show-up admissible; identifying witness credibility for the jury. |
| OCGA 17-8-57 comments by trial judge about expert witness | Judge impermissibly commented on reliability of evidence. | Court comments were limited to rulings and did not express opinion on guilt. | No reversible error; curative instructions and contextual deference supported. |
| Juror removal after State rested | Removal of Juror 12 prejudiced defendant. | Removal for credibility and instruction violations proper. | Trial court not abused; removal supported by facts and findings. |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (1979) (sufficiency standard for evidence to support conviction)
- Ward v. State, 288 Ga. 641 (2011) (factors for severance discretion in multi-defendant trials)
- Herbert v. State, 288 Ga. 843 (2011) (severance not mandatory where common plan exists)
- Moon v. State, 288 Ga. 508 (2011) (no automatic severance for antagonistic defenses; jury instructions relevant)
- Denny v. State, 281 Ga. 114 (2006) (guilt by association warnings and joint trial considerations)