Jordan v. State
814 S.E.2d 682
Ga.2018Background
- In March 2013 Michael Jordan (Appellant) was implicated in a drive-by shooting after a verbal altercation at a convenience store; Stacy Johnson was killed and Rodney Miles and Shatik Bryant were assaulted.
- Witnesses identified Appellant from photographic lineups and surveillance/gas-station testimony placed him at the store driving a blue Dodge Avenger and wearing a "Southside Mafia" jacket.
- Six shell casings were recovered at the apartment entrance; a .40 caliber Taurus found in Appellant's apartment was forensically linked to those casings (but not to the fatal projectile).
- Appellant was tried on 14 counts (murder, multiple felonies, gang-related counts); jury convicted on Counts 2–5 and 8–14 and acquitted on Counts 1, 6, 7.
- Post-trial, Appellant moved for suppression of lineup IDs, objected to 404(b) evidence and sought mistrial/new trial; trial court denied relief.
- The Supreme Court of Georgia affirmed convictions but vacated and remanded for resentencing on Count 5 (possession of firearm by a convicted felon) because the imposed twenty-year sentence exceeded the statutory 1–5 year range.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence to support convictions | State: identifications, store surveillance, witness testimony, casings and recovered gun suffice | Jordan: evidence speculative, conflicting, lacked fingerprints/DNA/actual murder weapon | Evidence sufficient when viewed in light most favorable to verdict; convictions upheld |
| Suppression of photographic lineup IDs | State: lineup was non-suggestive and proper | Jordan: lineup was impermissibly suggestive given stress and limited opportunity to observe | Trial court did not abuse discretion; lineup not impermissibly suggestive; suppression denial affirmed |
| Admission of OCGA § 24-4-404(b) prior-acts evidence (Jan 2013 burglary/drive-by) | State: evidence admissible for knowledge, intent, plan, motive | Jordan: prior-act evidence improper and prejudicial | Even if admission erroneous, error harmless given strength of other evidence; conviction stands |
| Mistrial over witness's reference to "visitation" (implying incarceration) | Jordan: term implied pretrial custody and impermissible character evidence requiring mistrial | State: passing reference does not place character at issue | No manifest abuse of discretion; mistrial denial proper |
| Motion for new trial (thirteenth juror review) | Jordan: verdict against weight of evidence warrants new trial | State: trial court properly exercised discretion and weighed credibility | Trial court acted as thirteenth juror and did not abuse discretion; new trial denied |
| Sentencing error on Count 5 (possession of firearm by convicted felon) | N/A (raised by court) | N/A | Sentence on Count 5 exceeded statutory maximum (1–5 years); twenty-year sentence vacated and case remanded for resentencing |
Key Cases Cited
- Hayes v. State, 292 Ga. 506 (2013) (jury credibility assessments and appellate sufficiency review)
- Miller v. State, 270 Ga. 741 (1999) (standard for impermissibly suggestive pretrial identification)
- Neil v. Biggers, 409 U.S. 188 (1972) (factors for evaluating likelihood of misidentification)
- Waters v. State, 281 Ga. 119 (2006) (trial-court review and discretion on lineup suggestiveness)
- Plez v. State, 300 Ga. 505 (2017) (no requirement the State present specific forensic evidence types)
- Jackson v. Virginia, 443 U.S. 307 (1979) (reasonable-doubt sufficiency standard)
- Peoples v. State, 295 Ga. 44 (2014) (harmlessness test for evidentiary error)
- Hillman v. Johnson, 297 Ga. 609 (2015) (statutory sentencing range for possession of firearm by convicted felon)