Glover v. State
296 Ga. 13
Ga.2014Background
- Glover was convicted by a jury of felony murder and related crimes arising from a shooting at Henderson-Smith’s home on Sept. 12, 2008.
- Glover accompanied Tyson Wilson to Henderson-Smith’s house to sell cocaine, and Wilson carried a silver revolver.
- Witness Constance Babb testified she heard shots and later saw the two men talking near her window.
- Fennell and Ferguson were shot; Henderson-Smith was neck-shot; Ferguson died, and the gun was later disposed of.
- Multiple witnesses placed Glover with a revolver and involved in restraining others, supporting party-to-a-crime liability.
- The trial court admitted evidence and charged the jury on malice and felony murder; the verdict was upheld on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence to convict | Glover argues the evidence is insufficient | State contends evidence supports guilt beyond a reasonable doubt | Evidence sufficient; rational jury could convict |
| Newly discovered evidence | New affidavits show witnesses recanted under duress | State denies coercion; evidence is impeaching only | No abuse of discretion; new evidence only impeachment; no new trial required |
| Admission of prior consistent statement | State improperly bolstered Mahoney’s testimony | Error harmless given independent testimony and strength of case | Harmless error; substantial independent evidence supports conviction |
| Jury recharge form of verdict | Recharge omitted acquittal option, risking confusion | Charge viewed as whole; not confusing when considering presumption of innocence | Charge and recharge considered as a whole; no misdirection; acquittal option implicit |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (sufficiency standard for crimes)
- Timberlake v. State, 246 Ga. 488, 491, 271 S.E.2d 792 (Ga. 1980) (impeachment vs. substantive evidence standard)
- Drane v. State, 291 Ga. 298, 300, 728 S.E.2d 679 (Ga. 2012) (new-trial standard for newly discovered evidence)
- Charleston v. State, 292 Ga. 678, 684, 743 S.E.2d 1 (Ga. 2013) (impeachment evidence standards; discretionary denial of new trial)
- Davis v. State, 283 Ga. 438, 440, 660 S.E.2d 354 (Ga. 2008) (abuse of discretion standard for new-trial rulings)
- Cowart v. State, 294 Ga. 333, 342, 751 S.E.2d 399 (Ga. 2013) (harmless error when bolstered testimony insufficient to affect outcome)
- Duggan v. State, 285 Ga. 363, 367, 677 S.E.2d 92 (Ga. 2009) (considering bolstering vs. non-bolstering testimony for harm)