Green v. State
310 Ga. App. 874
Ga. Ct. App.2011Background
- In December 2005, Green robbed a Family Christian Bookstore, using a handgun to take money from a cash drawer and then moving the victims about 100 feet to the back of the store and into a back office.
- Creekmore and Carlisle were forced to the back and the safe was opened; Green took a bag of money and fled after telling them not to call police.
- Police investigated; Carlisle and Creekmore identified Green in a photo lineup days later.
- Green was charged with two counts of armed robbery, two counts of kidnapping, and one count of terroristic threats; terroristic threats was later vacated due to indictment defect.
- At trial, Green challenged the armed robbery instruction as potentially expanding the indictment and challenged the sufficiency of the asportation element for kidnapping.
- The Court of Appeals affirmed, holding no ineffective assistance and that the evidence supported kidnapping asportation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Ineffective assistance for jury instruction | Green argues trial counsel should have objected to the jury charge altering the indictment. | State contends no fatal variance; evidence supported the charge as given. | No reversal; no deficient performance or prejudice shown. |
| Sufficiency of asportation for kidnapping | State failed to prove meaningful movement beyond incidental to robbery. | Movement created additional danger and isolated victims, satisfying asportation. | Sufficient evidence of asportation supported kidnapping convictions. |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (U.S. Supreme Court 1984) (ineffective assistance standard)
- Williams v. State, 277 Ga. 853 (Ga. 2004) (Strickland framework; reasonableness review)
- Fuller v. State, 277 Ga. 505 (Ga. 2004) (ineffective assistance considerations)
- Robinson v. State, 277 Ga. 75 (Ga. 2003) (standard of review for trial court findings)
- Pettway v. State, 204 Ga. App. 804 (Ga. App. 1992) (variance analysis for indictment vs. charge)
- Garza v. State, 284 Ga. 696 (Ga. 2008) (asportation elements and movement analysis)
- Walker v. State, 305 Ga. App. 607 (Ga. App. 2010) (asportation 2009 statutory amendments; incidental movement)
- Henderson v. State, 285 Ga. 240 (Ga. 2009) (asportation sufficiency; movement significance)
- Verdree v. State, 299 Ga. App. 673 (Ga. App. 2009) (asportation framework in kidnapping)
- Brower v. State, 298 Ga. App. 699 (Ga. App. 2009) (movement duration and significance)
- Flores v. State, 298 Ga. App. 574 (Ga. App. 2009) (short movement not dispositive)
- Childs v. State, 257 Ga. 243 (Ga. 1987) (evidence standards in firearm context)