Grissom v. State
296 Ga. 406
| Ga. | 2015Background
- Grissom and co-defendants were involved in a feud with “D‑Bone” following a July 31, 2005 fight; tensions escalated and weapons were involved.
- On August 1, 2005 a shotgun blast was heard in woods between two apartment complexes; Ron Strozier was found dead the next morning from buckshot wounds consistent with that blast.
- Grissom was seen in the woods around the time of the shot, admitted possession of the shotgun (claimed from his cousin) but denied firing it; an acquaintance testified Grissom later said he had “shot someone in the head.”
- About an hour after the blast, Grissom (with others) went to Buckingham Court in stolen cars and participated in a shootout; Grissom admitted firing a .357 and discarded the gun after a crash.
- A Fulton County jury convicted Grissom of voluntary manslaughter, multiple counts of felony murder (including Count 2 predicated on aggravated assault of Strozier), conspiracies, and firearm‑in‑felony counts; the trial court sentenced him to life on Count 2 and concurrent five‑year terms on weapon counts and merged other convictions into the life sentence.
- On appeal the Georgia Supreme Court affirmed convictions, vacated the sentences for two conspiracy counts that the trial court had merged into the felony‑murder sentence as a matter of fact, and remanded for resentencing on those counts.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Grissom) | Held |
|---|---|---|---|
| Sufficiency of evidence for murder and conspiracies | Evidence (witnesses, admissions, presence in woods, later bragging, conduct in coordinated shootout) establishes guilt | Alternative hypotheses: another drug customer or robber killed Strozier; someone else in woods acted alone | Affirmed: evidence sufficient under Jackson v. Virginia; jury may reject alternative hypotheses |
| Admissibility of co‑conspirator statements (Dorsey to Edwards) | Statements admissible because a prima facie conspiracy was shown independent of the statements | Hearsay; no conspiracy so exception inapplicable; Confrontation Clause violation | Affirmed: sufficient independent evidence of conspiracy, statements admissible; Confrontation claim waived and statements non‑testimonial |
| Admission of Edwards’s testimony about overheard phone call identifying Grissom | Proper foundation and admissible as defendant’s own out‑of‑court statements; impeachment permitted | Lack of foundation; prosecutor improperly testified while impeaching witness | Not preserved at trial; objections would have been meritless; counsel not ineffective for failing to object |
| Trial court comment about preservation of objections for appeal (OCGA § 17‑8‑57) | Not reversible; comment to counsel about preserving objections for appeal didn’t express opinion on guilt | Violated statute by intimating appeal/conviction and could influence jury | No reversible error: colloquy with counsel about evidentiary objections is not the kind of comment OCGA § 17‑8‑57 forbids in context here |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (standard for reviewing sufficiency of the evidence)
- Strickland v. Washington, 466 U.S. 668 (ineffective assistance of counsel two‑prong test)
- Tesfaye v. State, 275 Ga. 439 (vacating surplus felony‑murder verdicts and merger principles)
- Hulett v. State, 296 Ga. 49 (appellate court may notice and correct merger errors)
- Drinkard v. Walker, 281 Ga. 211 (required‑evidence test for merger of offenses)
- Williams v. State, 293 Ga. 750 (co‑conspirator statements admissible after prima facie conspiracy shown)
- Dukes v. State, 290 Ga. 486 (defendant’s own out‑of‑court statements are not hearsay)
- Gibson v. State, 288 Ga. 617 (discussed re: trial‑court remarks about appeals; contrasted here)