Carter v. State
326 Ga. App. 144
Ga. Ct. App.2014Background
- Carter and Alford were tried together and convicted of armed robbery (OCGA § 16-8-41).
- Alford appeals denial of new trial and evidentiary issues; Carter appeals denial of amended new trial and juror-striking issues plus ineffective assistance claim.
- Case No. A13A2328: Alford challenged insufficiency of the evidence, mistrial ruling, and surveillance-video identification.
- Case No. A13A1933: Carter challenged juror-strike rulings and surveillance-video identification, and claimed ineffective assistance of counsel.
- Evidence showed the robbery by two African-American men at Thrift Town, with clothing and vehicle-consistent identifiers on surveillance video; co-defendant Brandon Phillips testified; clothing and location evidence linked Alford and Carter to the crime.
- Court affirmed Alford’s conviction, reversed Carter’s conviction, and remanded for a new trial for Carter.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence for Alford | Alford argues the evidence was insufficient. | Alford contends evidence fails to show beyond a reasonable doubt. | Evidence sufficient; rational jury could convict. |
| Mistrial denial bruton issue | Alford argues Bruton violation limited cross-examination. | Carter and Alford contend mistrial should have been granted. | Mistrial denied but curative instruction/stipulation cured potential Bruton issue; no reversal for Alford. |
| Surveillance-video identification by Detective Vansant | Alford argues improper identification testimony from video. | State relied on detective identification. | Error in admitting identification; harmless given overwhelming other evidence. |
| Juror No. 14 for-cause strike in Carter case | Carter argues juror should have been struck for potential bias. | State defends juror as capable of following instructions. | Trial court erred in not striking Juror No. 14 for cause; reversal and new trial for Carter. |
Key Cases Cited
- Stephens v. State, 247 Ga. App. 719 (2001) (standard for reviewing sufficiency of evidence on appeal)
- Grimes v. State, 291 Ga. 585 (2008) (identity testimony from surveillance not admissible without basis for reliable identification)
- Dawson v. State, 283 Ga. 315 (2008) (identity evidence from surveillance generally improper unless reliability established)
- Mitchell v. State, 283 Ga. App. 456 (2007) (admission error for identifying on surveillance photos may be harmless given other evidence)
- Rogers v. State, 294 Ga. App. 195 (2008) (harmless error when overwhelming evidence supports guilt)
- Bowe v. State, 288 Ga. App. 376 (2007) ( Bruton concerns; severance not at issue here; cross-examination curative)
- Ham v. State, 303 Ga. App. 232 (2010) (juror for-cause inquiry and impartiality standards)
- Rouse v. State, 296 Ga. App. 330 (2009) (juror qualification and need for impartial juror; abuse standard)