Gaither v. State
312 Ga. App. 53
Ga. Ct. App.2011Background
- Gaither and Gaither (brothers) were charged with one battery count and four counts of aggravated assault; Usher and Ward pleaded guilty to fewer counts.
- Alexander and Gaither were tried together; a jury convicted them on four counts of aggravated assault.
- The incidents occurred on August 26, 2007, on a home porch where an argument with the victim led to a shot-gun attack.
- The attackers—Alexander, Gaither, Ward, and Usher—fired into a group on the porch, injuring the victim and her boyfriend while the child victims cried nearby.
- The primary appellate issues include sufficiency of evidence for aggravated assault on child victims, trial counsel effectiveness, and jury-access to transcripts during deliberations.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for aggravated assault on child victims | Gaither argues insufficiency since children did not testify | State contends group targeting made children victims | Evidence sufficient under Jackson v. Virginia standard |
| Merger of aggravated assault convictions | Gaither argues merger should occur since same acts | Convictions did not merge because harms were to different victims | Convictions affirmed; not merged |
| Ineffective assistance of counsel claims preserved on appeal | Gaither claims counsel failed to object to bolstering and to transcripts sent to jury | Trial court findings supported, claims waived or meritless | Waived for unpreserved claims; preserved claims not shown to be deficient or prejudicial |
| Continuing witness rule and jury access to transcripts during deliberations | Gaither asserts error in sending transcripts to jury | Counsel agreed to procedure; not prejudicial | No reversible error; discretion to permit rehearing transcript; no special circumstances shown |
| Bruton issue regarding co-defendant’s statements | Alexander raises Bruton objection to co-defendant’s testimony | Alexander’s own statements and trial testimony negate Bruton concern | No Bruton error; waiver; trial testimony by Alexander undermines claim |
Key Cases Cited
- Pace v. State, 239 Ga.App. 506, 521 S.E.2d 444 (1999) (evidence sufficiency when evidence identifies multiple victims)
- Robertson v. State, 245 Ga.App. 649, 538 S.E.2d 755 (2000) (testimony regarding children can support aggravated assault on children)
- Jackson v. Virginia, 443 U.S. 307, 99 S. Ct. 2781, 61 L. Ed. 2d 560 (1979) (standard for reviewing sufficiency of evidence)
- Watkins v. State, 273 Ga. 307, 540 S.E.2d 199 (2001) (jurors reading testimony permitted under discretion)
- Jones v. State, 294 Ga.App. 854, 670 S.E.2d 506 (2008) (res gestae evidence and surrounding circumstances)
- Nixon v. State, 234 Ga.App. 797, 507 S.E.2d 833 (1998) (transcripts reviewed in jury room; error but not reversible)
- Bell v. State, 306 Ga.App. 853, 703 S.E.2d 680 (2010) (ineffective assistance claims procedural bar)
- Furlow v. State, 272 Ga. 795, 537 S.E.2d 61 (2000) (preservation requirement for claims)
- Sims v. State, 243 Ga. 83, 252 S.E.2d 501 (1979) (Bruton-related discussion)
- Murphy v. State, 246 Ga. 626, 273 S.E.2d 2 (1980) (waiver principles related to Bruton)
- Arnold v. State, Not provided in text (1991) (discussed in context of Bruton waiver)