Holmes v. State
301 Ga. 143
Ga.2017Background
- Holmes and co-defendants participated in a multi-victim crime spree (Sept. 24, 2008) that included home invasion, robbery, assaults, and the fatal shooting of Rickey Gibson.
- Victim Alexis Yates identified Holmes as one of the intruders; Yates’s infant was threatened, Gibson was shot multiple times and killed, and Gibson’s gold watch was stolen and later found after another burglary.
- Holmes and co-defendant Willie Butler were arrested running from the scene after an attempted car hijacking; physical and testimonial evidence linked them (shoeprint, photos, bloody sock with DNA, eyewitness IDs).
- At arrest, officers found a substance on Holmes that field-tested positive for marijuana; Holmes was charged with misdemeanor possession among numerous felonies, convicted on all counts, and sentenced (including life for malice murder).
- On appeal Holmes raised several claims: insufficiency of evidence for marijuana possession, severance, judicial comments during testimony, and juror removal; other claims were abandoned or deemed unpreserved.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for misdemeanor marijuana possession | State: officer was qualified and field test properly conducted; testimony adequate to identify substance | Holmes: officer unqualified; evidence insufficient because substance not sent to GBI lab | Court: Affirmed — officer’s experience and test foundation adequate; conviction supported under Jackson v. Virginia standard |
| Failure to brief an enumeration | State: n/a | Holmes: raised an enumeration without argument or authority | Court: Abandoned under Supreme Court Rule 22; not considered |
| Motion to sever defendants | State: n/a | Holmes: trial should have been severed (renewed at trial) | Court: Not preserved — record shows no timely motion or joinder by Holmes; claim waived |
| Trial court comments during expert testimony (OCGA § 17-8-57) | Holmes: comments amounted to improper judicial comment on evidence; requested mistrial | State: court’s interjections were permissible inquiries; curative instructions given | Court: No violation; interjections were for clarification and curative instructions dispelled any implied opinion; mistrial denied |
| Juror removal for failing to follow instruction | Holmes: removal improper | State: juror repeatedly stated refusal to convict and formed fixed opinion before close of evidence | Court: Removal appropriate; trial court did not abuse discretion |
Key Cases Cited
- Butler v. State, 290 Ga. 412 (2012) (summarizing trial evidence and addressing related trial issues)
- Atkinson v. State, 243 Ga. App. 570 (2000) (officer testimony and foundations sufficient to identify narcotics without expert)
- Jackson v. Virginia, 443 U.S. 307 (1979) (standard for sufficiency of the evidence review)
- Ruffin v. State, 283 Ga. 87 (2008) (issues deemed abandoned when unsupported by argument or citation)
- Moore v. State, 272 Ga. 359 (2000) (preservation requirements for severance claims)
- Page v. State, 249 Ga. 648 (1982) (preservation and joinder principles for severance motions)