Gilmore v. State
315 Ga. App. 85
Ga. Ct. App.2012Background
- Gilmore and Young were tried with B.M. for two Louisville, Georgia home invasions; B.M., a juvenile, testified for the State and identified Gilmore and Young; no victims identifications corroborated the accomplice’s identification.
- The crimes: first invasion involved multiple homeowners, firearms, threats, and theft; second invasion involved ransacking and a gunshot injury to a resident; no guns or property recovered linking defendants.
- B.M. testified consistently with the two invasions and identified the four codefendants; other co-defendants did not testify.
- The State presented some corroborating details of B.M.’s account but failed to introduce independent corroboration linking Gilmore or Young to the crimes.
- Gilmore and Young appealed, arguing insufficiency of the evidence due to lack of corroboration under OCGA § 24-4-8; the court reversed their judgments.
- The court held that the evidence was legally insufficient to sustain the verdicts because B.M.’s testimony was not corroborated and did not independently connect Gilmore or Young to the crimes.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the evidence suffices after accomplice corroboration requirements. | Gilmore: accomplice testimony needs corroboration. | State: independent corroboration exists. | Reversed for Gilmore. |
| Whether Young’s convictions are supported by corroborated evidence. | Young: same corroboration issue as Gilmore. | State: corroboration present. | Reversed for Young. |
Key Cases Cited
- Parkerson v. State, 265 Ga. 438 (Ga. 1995) (corroboration requirement for accomplice testimony)
- Hill v. State, 236 Ga. 831 (Ga. 1976) (corroboration of accomplice testimony in felony cases)
- Bradford v. State, 261 Ga. 833 (Ga. 1992) (sufficiency of corroborating evidence is a jury question; law determines actual corroboration)
- Adams v. State, 140 Ga.App. 621 (Ga. App. 1976) (accomplice testimony corroboration standards)