Fisher v. State
317 Ga. App. 761
Ga. Ct. App.2012Background
- Two armed robberies of convenience stores occurred within twelve hours of each other; first robbery involved Petersen, Scott, Ford, and Baugh; second included Ford, Petersen, Jadooram, Niko Fisher, and Jomandi Fisher.
- After the first robbery, additional defendants joined at Ford’s house as plans to obtain more money unfolded; shots were fired during the ensuing confrontation.
- Padgett was shot at the Kangaroo store; Knox was robbed and pistol-whipped; Hammack was assaulted; Knox was forced to drive with the group; evidence included a gun, masks, and a bag recovered near Jadooram’s residence.
- Niko Fisher testified and alleged Jadooram fired the gun at Padgett and Knox; Fisher admitted taking money from the register under Jadooram’s direction.
- The State presented surveillance footage and physical evidence (gun, masks, bag) linking the defendants to the robberies; trial evidence was legally sufficient for a reasonable juror to convict.
- Case Nos. A12A0976, A12A0977, A12A0978; consolidated appeals by Lynch, Jadooram, and Niko Fisher challenging various trial rulings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Hughes and Franklin were properly denied for-cause dismissal | Fisher argues bias prevented impartiality | Court properly exercised discretion; no fixing bias shown | No abuse of discretion; jurors not shown fixed bias |
| Whether voir dire was improperly limited | Defense argues excessive limitations hindered examination | Court maintained reasonable control; not an abuse | No reversible error; voir dire control permissible |
| Golden rule argument in closing | Prosecutor improperly urged sympathy | Trial court issued curative instructions | No reversible error given curative instructions |
| Severance of co-defendants | Severance necessary to avoid prejudice | Joinder proper as ongoing, interrelated offenses | No abuse; not error in denying severance |
| Motion to suppress gun/mask under warrant with wrong address | Evidence improperly seized against Jadooram | No standing to challenge; no fruit of poisonous tree | No error; lack of standing; items not fruit of tainted search |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (U.S. Supreme Court 1979) (sufficiency of evidence standard)
- Higginbotham v. State, 287 Ga. 187 (Ga. 2010) (demeanor-based juror bias review given deference to trial court)
- Patterson v. State, 233 Ga. App. 776 (Ga. App. 1998) (jury bias and cause dismissal standards)
- Cade v. State, 289 Ga. 805 (Ga. 2011) (bias and impartiality determinations require deference to trial court)
- Doss v. State, 264 Ga. App. 205 (Ga. App. 2003) (no browbeating; no compelling bias shown to require strike for cause)
- Lane v. State, 126 Ga. App. 375 (Ga. App. 1972) (voir dire limits not inherently improper when not restricting questions unreasonably)
- Leftwich v. State, 299 Ga. App. 392 (Ga. App. 2009) (standing to challenge search; abandonment doctrine concept)