Greene v. State
312 Ga. App. 666
Ga. Ct. App.2011Background
- Greene was convicted after a jury trial in Henry County of DUI less safe and DUI per se; the trial court denied his motion for new trial.
- Greene challenged the jury array as not fairly reflecting African-Americans in the community, citing ACS data (31.03% voting-age AA) versus a 13.9% representation on the jury list drawn from the master list.
- The master jury list showed 36.9% African-Americans, but the commission reduced trial/grand jury percentages to 13.9% based on the 2000 census; 2010 census data were not yet received.
- The trial court found a prima facie fair cross-section issue but held that the state had a substantial interest in using the Decennial Census to guide jury array construction, citing Williams.
- Greene argued UAP does not apply to misdemeanors; the court nevertheless applied the Decennial Census standard under Williams, upholding the denial of the challenge.
- Greene’s request for a circumstantial-evidence charge related to the DUI less safe count; that count merged into DUI per se, making the requested charge moot and any error harmless.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Fair cross-section challenge viability | Greene contends disproportionate AA underrepresentation violates cross-section. | State's use of Decennial Census is a substantial state interest justifying representation disparities. | No reversible error; trial court correctly denied the challenge. |
| Applicability of UAP to misdemeanors | UAP should guide jury composition, even in misdemeanors. | UAP does not apply to misdemeanor cases; Williams controls. | Trial court's disposition affirmed; Williams governs due to substantial state interest in census-based balancing. |
| Circumstantial evidence charge in DUI case | Request required due to direct and circumstantial evidence mix. | Merger of less safe into per se makes the request moot. | Harmless error; merger renders issue moot and does not affect judgment. |
Key Cases Cited
- Williams v. State, 287 Ga. 735 (Ga. 2010) (upholds use of Decennial Census in jury array balancing)
- Mims v. State, 264 Ga. 271 (Ga. 1994) (duty to give circumstantial-evidence charge when requested in mixed evidence cases)
- Taylor v. State, 278 Ga. App. 181 (Ga. App. 2006) (circumstantial evidence charge guidance in DUI cases)
- Lane v. State, 239 Ga. App. 230 (Ga. App. 1999) (burden on challenge to jury array; cross-section inquiry focuses on procedures, not sole juror composition)
- Ramirez v. State, 276 Ga. 158 (Ga. 2003) (UAP framework and related procedures)
- Daniel v. State, 298 Ga. App. 245 (Ga. App. 2009) (merger of lesser offense into greater offense can render some error harmless)
- Harrelson v. State, 287 Ga. App. 664 (Ga. App. 2007) (merger consequences on error harmlessness)