Harrelson v. State
312 Ga. App. 710
Ga. Ct. App.2011Background
- Harrelson, Poss, and Stephanie Harrelson were jointly indicted for hijacking a motor vehicle and related offenses.
- Poss and Stephanie pled guilty and testified implicating Harrelson in the crimes.
- A jury convicted Harrelson of hijacking a motor vehicle, armed robbery, aggravated assault, and possession of a knife during a crime.
- The defense argued lack of participation, lack of knife possession, and lack of direct contact with the victim.
- Evidence showed the trio discussed various methods of obtaining money, and Harrelson was present and involved before, during, and after the crimes.
- The jury was instructed on conspiracy and parties to a crime as theories of liability.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence for directed verdict | Harrelson was merely present; no planning, no knife, no contact. | Evidence insufficient to convict as conspirator/party to crime. | Sufficient evidence supported convictions under conspiracy/party theories. |
| Prosecutor's comment on post-arrest silence | Harrelson opened door by asserting right to silence; prosecutor erred. | Prosecutor improperly commented on silence in closing. | No reversible error; argument permissible since issue was raised by defense. |
| Admissibility of motive-evidence about outstanding warrant | Evidence of warrant was admissible to show motive and state’s theory. | Evidence placed character in issue and was prejudicial. | Admissible as original evidence explaining motive and conduct. |
| Recharging the jury on conspiracy without request | Recharging was appropriate to address jury questions on culpability and intent. | Recharging on entire charge should have been requested. | Court did not abuse discretion; recharge supported by evidence and questions. |
Key Cases Cited
- Cargill v. State, 256 Ga. 252 (Ga. 1986) (the act of one conspirator is the act of all for liability purposes)
- Williams v. State, 236 Ga. App. 790 (Ga. App. 1999) (presence and conduct can support liability as a party to the crime)
- Johnson v. State, 299 Ga. App. 706 (Ga. App. 2009) (conviction for hijacking possible without knowledge of gun plan)
- Mallory v. State, 261 Ga. 625 (Ga. 1991) (presence, companionship, and conduct can establish participation)
- Fullwood v. State, 304 Ga. App. 341 (Ga. App. 2010) (evidence of motive and related conduct admissible)
- Patterson v. State, 264 Ga. 593 (Ga. 1994) (aid and abet theory embraces conspiracy principles)
- Grant v. State, 198 Ga. App. 357 (Ga. App. 1991) (parties to crime theory embodies conspiracy liability)