Calmes v. State, 312 Ga. App. 769

Calmes and Allen were jointly tried and convicted of armed robbery, four counts of aggravated assault, and three counts of possession of a firearm during the crime.
Victims Grover and Chapman sold home theater equipment from Grover’s GMC Yukon; the sale involved an in-van purchase planned in Bank of America parking lot in Hiram, Georgia.
Calmes and Allen (along with Manning) pursued the deal in a gold Nissan Quest; Allen suggested the equipment might be stolen and initiated the robbery, with an armed accomplice.
During the robbery, Manning was present with a baby and faced threats; one victim was knocked unconscious and another beaten as equipment was loaded.
The defendants fled in the van to Allen’s house, where they unloaded and wiped down the vehicle; Calmes drove the van during the crime scene.
On appeal, Calmes challenges the coercion instruction and the juror-replacement ruling; Allen challenges appellate-counsel withdrawal and waiver issues, leading to a remand.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Coercion instruction refused	Calmes argued coercion was applicable and should have been charged.	Calmes contends coercion evidence supported a defense.	No error: threat did not coincide with the crime; coercion instruction properly refused.
Mistrial vs. alternate juror	Calmes asserts taint from initial guilty verdict tainted the new deliberations.	Replacement with an alternate cured potential prejudice.	No manifest abuse; replacement was adequate to preserve fairness.
Waiver of appellate counsel	Allen did not knowingly waive appointed appellate counsel.	Bullard sought withdrawal; record lacks a finding of knowing waiver.	Remand to reconsider Bullard’s motion to withdraw; appellate counsel issues to be resolved.

Darnell v. State, 257 Ga. App. 555 (Ga. App. 2002) (standard of review and presumption of innocence guidance)
Gordon v. State, 234 Ga. App. 551 (Ga. App. 1998) (coercion charge scope when immediate violence not present)
McConnell v. State, 263 Ga. App. 686 (Ga. App. 2003) (trial court discretion on mistrial/continuance matters)
Tolbert v. State, 300 Ga. App. 51 (Ga. App. 2009) (taint analysis of verdict-reading and juror prejudice)
Murray v. State, 276 Ga. 396 (Ga. 2003) (juror replacement after verdict—no abuse of discretion)
Alford v. State, 244 Ga. App. 234 (Ga. App. 2000) (standards for evaluating juror taint and replacement)
Weber v. State, 203 Ga. App. 356 (Ga. App. 1992) (requirements for valid waiver of counsel in post-conviction context)
Phillips v. State, 267 Ga. App. 733 (Ga. App. 2004) (when waiver of counsel is knowing and voluntary in court proceedings)
Hobson v. State, 266 Ga. 638 (Ga. 1996) (functional equivalent of waiver through dilatory tactics)
Staples v. State, 209 Ga. App. 802 (Ga. App. 1993) (change-of-counsel could be equivalent to waiver)
Bynum v. State, 289 Ga. App. 637 (Ga. App. 2008) (Indigent-Defense Act and appellate representation duty)