Chandler v. State
311 Ga. App. 86
| Ga. Ct. App. | 2011Background
- Chandler was convicted by a Hall County jury of two counts of felony forgery.
- Kipp assisted Chandler in exchanging two forged checks drawn on Solution Alternatives; Chandler gave Kipp the checks in a Wal-Mart parking lot.
- Kipp cashed the checks, kept a $200 fee, and was robbed of his car keys by G Money after the checks were cashed.
- Wal-Mart surveillance video captured the events, and Andrea Kipp identified the parties on the tape.
- Chandler sought a new trial, challenging sufficiency, impeachment, res gestae evidence, and similar transaction evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of accomplice corroboration | Accomplice testimony alone is insufficient. | Corroborating facts existed independently tying Chandler to the crime. | Corroboration present; sufficient evidence to sustain verdict |
| Impeachment by prior felony conviction | Quiroz balancing not properly applied; prior conviction improperly admitted. | Trial court correctly applied Quiroz and balancing factors. | Prior conviction properly admitted for impeachment |
| Res gestae evidence | Res gestae admission of other crimes was improper. | Admission was within the trial court's discretion. | Not an abuse of discretion; res gestae properly admitted |
| Similar transaction evidence | November 2008 incident was not sufficiently similar and thus inadmissible. | The November 2008 act was sufficiently similar and relevant to intent and bent of mind. | Admissible as similar transaction evidence |
Key Cases Cited
- Hillman v. State, 296 Ga. App. 310 (Ga. App. 2009) (standard for corroboration of accomplice testimony)
- Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (sufficiency of evidence and reasonable doubt standard)
- Toney v. State, 304 Ga. App. 25 (Ga. App. 2010) (res gestae and continuity of the main transaction)
- Brewer v. State, 224 Ga. App. 656 (Ga. App. 1997) (res gestae admissibility for planning phase)
- Ward v. State, 304 Ga. App. 517 (Ga. App. 2010) (corroboration limitations on accomplice testimony)
- Beck v. State, 291 Ga. App. 702 (Ga. App. 2008) (similar transaction evidence standard)
- Wells v. State, 237 Ga. App. 109 (Ga. App. 1999) (prior acts admissible if relevant to current offense)
- Harris v. State, 222 Ga. App. 52 (Ga. App. 1996) (framework for admissibility of prior similar acts)