Glass v. State
289 Ga. 542
| Ga. | 2011Background
- Glass was convicted of felony murder, underlying aggravated assault, and weapons offenses after a joint trial.
- The underlying aggravated assault was against co-defendant Anderson, not the victim.
- Appellate review followed a denied motion for new trial; issues included evidentiary sufficiency, joinder, and procedural challenges.
- The verdicts and sentences: life for murder, 20 years concurrent for aggravated assault, and 5 years consecutive for the weapons charge.
- The State asserted numerous eyewitnesses supported guilt; the defense challenged identification and potential procedural defects.
- The Supreme Court vacated the aggravated assault conviction to merge with the felony murder count, and affirmed other judgments in part.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence | Glass argues evidence insufficient to prove murder and related felonies. | Glass contends eyewitnesses and destroyed evidence undermine reliability. | Evidence sufficient to sustain murder verdict. |
| Merger of aggravated assault into felony murder | Underlying aggravated assault should stand alongside felony murder. | Underlying felony can be separately punished. | Agg. assault count vacated; must merge into felony murder. |
| Joinder/ severance | Joinder allowed efficient trial; severance not required. | Joinder prejudiced Glass; should have been severed. | Record incomplete; no reversal due to lacking transcript; preserved by acquiescence doctrine. |
| Rule of sequestration and trial counsel | Sequestration rule violations and relief were not properly addressed. | Violations are credibility issues, not grounds for mistrial. | No reversible error; remedy is credibility instruction, which was not requested. |
| Ineffective assistance of counsel | Counsel failed to confer adequately, subpoena witnesses, or obtain expert eyewitness ID testimony. | No prejudice shown; strategy and record support performance. | No ineffective assistance established; overwhelming eyewitness evidence supports guilt. |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (1989) (sufficiency review standard)
- Wyman v. State, 278 Ga. 339 (2004) (merger principles in felony murder cases)
- Granville v. State, 275 Ga. 663 (2002) (evidence sufficiency and duty to review)
- Bolston v. State, 282 Ga. 400 (2007) (notice on independent underlying offenses)
- Ivory v. State, 199 Ga. App. 283 (1991) (transcript preservation and OCGA procedures)
- Turner v. State, 226 Ga. App. 348 (1997) (use of substitutes when transcript missing)
- Davis v. State, 158 Ga. App. 549 (1981) (standard for reviewing trial rulings without complete record)
- Sears v. State, 270 Ga. 834 (1999) (coercion and delay considerations in jury deliberations)
- Johnson v. State, 272 Ga. 254 (2000) (eyewitness identification and expert testimony)
