Harris v. State
310 Ga. App. 460
Ga. Ct. App.2011Background
- Harris was convicted by a Hall County jury of conspiracy to commit armed robbery and simple assault, but acquitted of attempted armed robbery.
- In October 2007 Cecilia Allen drove Harris and three others, two of whom had guns, to a porch where they confronted Joshua Johnson and demanded that he give up his property.
- Johnson did not recognize the assailants; Harris told him to give it up, Harris tried to strike him, and Johnson fled into his house while others pointed guns.
- Police later identified Harris from a booking photo; Ware, another co-defendant, pleaded guilty to charges tied to the attempted robbery.
- The jury asked questions about whether a weapon was required for armed robbery and about conspiracy elements; the court recharged on definitions and the conspiracy statute.
- Harris was convicted of conspiracy and simple assault, and denied new trial motions; on appeal, he challenged the sufficiency of evidence for conspiracy.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether evidence supports conspiracy conviction despite unknown reasons for acquittal | Harris argues acquittal on attempt shows no underlying conspiracy | State argues Powell/Milam doctrine controls and allows the conspiracy verdict | Constitutional; conspiracy upheld under Powell doctrine and direct evidence supports it |
Key Cases Cited
- Milam v. State, 255 Ga. 560 (1986) (abolished requirement of consistent verdicts when irreconcilable conflicts occur)
- United States v. Powell, 469 U.S. 57 (1984) (inconsistent verdicts may not be reversed; jury motivation unknown)
- Turner v. State, 283 Ga. 17 (2008) (Powell policy applicable to conspiracy verdicts)
- Artis v. State, 299 Ga.App. 287 (2009) (Powell-based application; when record reveals jury reasoning, no speculating risk)
- King v. Waters, 278 Ga. 122 (2004) (Powell policy inapplicable when conviction on predicate is vacated for other reasons)
- Rogers v. State, 291 Ga.App. 202 (2008) (support for evaluating verdicts under Powell framework)
- Smith v. State, 304 Ga.App. 708 (2010) (gives guidance on analysis of conspiracy verdicts)