Green v. State
295 Ga. 108
| Ga. | 2014Background
- Green was convicted of malice murder, burglary, aggravated assault, and related firearm offenses for the October 1, 2011 shooting and burglary in Gwinnett County.
- The victim Augustus died from a gunshot wound; Marshall was also assaulted in the apartment.
- Juror on Green’s jury allegedly gave false responses during voir dire about prior knowledge of Green and related criminal history.
- Post-trial, Green moved for a new trial; the trial court found no juror bias and denied the motion.
- appellate counsel filed a notice of appeal; the court affirmed in part and remanded for an ineffective-assistance hearing.
- Decisions reference related juror-impartiality standards and timing requirements for ineffective-assistance claims.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the evidence sufficient to convict on all counts? | Green | State | Sufficient evidence supported all convictions |
| Did juror misrepresentations require a new trial for voir dire impermissible influence? | Green | State | No new trial; no manifest prejudice shown |
| Is there merit to an ineffective-assistance claim raised on appeal due to trial counsel and timing? | Green | State | Remanded to consider ineffective-assistance claim |
| Should remand be used to address trial-counsel ineffectiveness and related post-conviction relief? | Green | State | Remand for hearing on ineffectiveness claim |
Key Cases Cited
- Jackson v. Virginia, 443 U. S. 307 (U.S. 1979) (sufficiency standard for guilt beyond a reasonable doubt)
- Jones v. State, 247 Ga. 268 (Ga. 1981) ( Voir dire misrepresentation and prejudice analysis)
- Glover v. State, 274 Ga. 213 (Ga. 2001) (necessity of showing prejudice from juror nondisclosure)
- Bester v. State, 294 Ga. 195 (Ga. 2013) (juror's bias and potential disqualification standards)
- Humphreys v. State, 287 Ga. 63 (Ga. 2010) (competence of jurors under First Offender Act contexts)