Glass v. State
289 Ga. 706
| Ga. | 2011Background
- Lisa Odell Mosby was fatally shot on a friend's front porch; the bullet entered her left breast and perforated her heart, exiting the back.
- Three men were present when Mosby was shot and identified appellant Ernest Glass as firing six to eight shots from a gray Chevrolet Caprice.
- Evidence included four 9-mm shell casings on the street and a 9-mm bullet in an exterior wall; Glass was the current boyfriend of a woman who was the former girlfriend of one of the male eyewitnesses.
- Earlier that day and the day before, Glass and the former boyfriend exchanged heated words relating to their relationships with the victim.
- Appellant challenged the sufficiency of the evidence, disputing the direction of the bullet and conflicts in witness testimony, while arguing severance, continuance, and ineffective assistance claims.
- The trial court sentenced Glass to life for malice murder with concurrent firearm and aggravated assault counts; the co-defendants faced related sentencing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence | Glass asserts the evidence fails to prove malice murder and related offenses. | Glass argues conflicts in ballistic testimony undermine guilt. | Evidence was sufficient to convict beyond a reasonable doubt. |
| Denial of severance | Three defendants should be severed due to potential prejudice and antagonistic defenses. | Severance was unnecessary; defenses were not sufficiently antagonistic. | Court did not abuse discretion; severance denied. |
| Ineffective assistance—failure to renew severance | Counsel's failure to renew severance after co-defendant testified was deficient. | Strategic decision not to renew was reasonable and did not prejudice. | No deficient performance; strategy falls within reasonable trial conduct. |
| Continuance for new witnesses | Trial should be postponed to investigate alibi witnesses. | State discovery and incremental interviews warranted more time; no abuse. | No abuse; denial of continuance was within the court's discretion. |
Key Cases Cited
- Johnson v. State, 288 Ga. 771 (2011) (conflicts in evidence do not render evidence insufficient)
- Dennard v. State, 263 Ga. 453 (1993) (severance standards; antagonistic defenses insufficient alone)
- Green v. State, 274 Ga. 686 (2002) (co-defendant testimony admissible with cross-examination; joint trial not per se prejudicial)
- Rivers v. State, 283 Ga. 1 (2008) (no automatic severance for multiple defendants when prejudice not shown)
- Carter v. State, 285 Ga. 394 (2009) (continuance decisions reviewed for abuse of discretion)
- Kitchens v. State, 289 Ga. 242 (2011) (trial strategy and reasonable conduct in counsel's performance)
