Jordan v. State
303 Ga. 709
Ga.2018Background
- March 3, 2013: After a verbal altercation at a convenience store, a blue Dodge Avenger drove up and fired multiple rounds, killing Stacy Johnson and wounding Rodney Miles and Shatik Bryant. Witnesses heard squealing tires and loud gunshots from the passing vehicle.
- Bryant and Rodney independently identified Michael Jordan in a photographic lineup as the man in a letterman-style “Southside Mafia” jacket who was next to a blue Dodge; surveillance and a store employee corroborated Jordan’s presence and vehicle that night.
- Police recovered six .40 caliber shell casings at the apartment entrance and later found a .40 Taurus and a Southside Mafia jacket in the apartment Jordan shared with his then-girlfriend, Alexandria Grace; Grace testified the gun and jacket belonged to Jordan and that he had used her bluish-gray Dodge that night.
- Forensic comparison linked the six casings to Jordan’s Taurus (though the recovered projectile from Johnson’s body did not match that gun); Jordan was a convicted felon and alleged gang member; prosecutors also introduced evidence of a January 2013 burglary/drive-by tied to the same firearm.
- Indictment and verdict: Jordan was tried on 14 counts, convicted on Counts 2–5 and 8–14 (including felony murder, aggravated assaults, and possession by a felon), acquitted on Counts 1, 6, and 7; trial court imposed life without parole plus additional consecutive terms totaling 90 years.
- Procedural posture: Motion for new trial denied; appeal raised sufficiency, suppression of lineup IDs, admissibility of OCGA § 24-4-404(b) evidence, mistrial claim, trial-court denial of new-trial relief; court affirms convictions but vacates and remands for resentencing on Count 5 (statutory range 1–5 years; trial court imposed 20 years).
Issues
| Issue | Jordan's Argument | State's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for convictions | Evidence was speculative, conflicting, lacked fingerprints/DNA, and the murder weapon was not matched | Identification, surveillance, witness testimony, casings linked to Jordan’s gun, and possession evidence support guilt | Evidence sufficient; convictions affirmed under Jackson v. Virginia standard |
| Suppression of photographic lineup IDs | Lineup was impermissibly suggestive and the witnesses were traumatized, risking misidentification | Lineup photos were auto-generated with similar features; separate rooms and proper instructions; IDs independent | Trial court did not abuse discretion; lineup not impermissibly suggestive; suppression denied |
| Admission of OCGA § 24-4-404(b) (prior burglary/drive-by) | Prior-act evidence was prejudicial and improperly admitted | Evidence showed common weapon/use and possible motive/plan; limiting instruction given | Even if erroneous, admission was harmless given the strong identification and possession evidence |
| Motion for mistrial over Grace’s “visitation” remark | Single word referred to incarceration and impermissible character evidence, warranting mistrial | Passing reference did not necessarily imply custody or place character at issue | No abuse of discretion; mistrial denied (passing jail reference insufficient) |
| Motion for new trial (thirteenth juror) | Verdict was against the weight of the evidence; trial court should grant new trial | Trial court properly weighed evidence and credibility and denied relief | Trial court properly acted as thirteenth juror; denial upheld |
| Sentencing on Count 5 (possession by a convicted felon) | (Not argued on appeal) Trial court imposed 20 years though statutory range is 1–5 years | (Respondent did not defend the below-statutory error) | Sentence on Count 5 erroneous; vacated and case remanded for resentencing on that count |
Key Cases Cited
- Hayes v. State, 292 Ga. 506 (discusses appellate review of sufficiency and deference to jury credibility)
- Plez v. State, 300 Ga. 505 (no requirement for particular type of forensic evidence)
- Jackson v. Virginia, 443 U.S. 307 (standard for sufficiency of the evidence)
- Miller v. State, 270 Ga. 741 (rules on impermissibly suggestive pretrial identifications)
- Waters v. State, 281 Ga. 119 (review standard for lineup suggestiveness findings)
- Peoples v. State, 295 Ga. 44 (harmless-error analysis for admission of prior-bad-act evidence)
- Hillman v. Johnson, 297 Ga. 609 (correct sentencing range for possession by a convicted felon)
- Williams v. State, 275 Ga. 622 (procedural guidance on photographic lineups)