Lewis v. State
293 Ga. 110
Ga.2013Background
- Appellants Lewis and Clark were convicted of murder and related crimes from a home invasion in Clayton County; Lewis received life without parole for malice murder and other terms of years; Clark received life with parole for felony murder and other terms; accomplices Brower and Ford participated in planning to rob the victim Troy Marine; Brower testified at trial; weapons and plan involved breaking in, restraining children, and shooting the victim; physical evidence included blood and palm prints linking Lewis and Brower to the crime; Clark and Lewis allegedly altered appearance to avoid detection; victim’s children witnessed events; Brower was to plead guilty but hadn’t yet entered a plea; discovery issues arose regarding a pretrial conversation Brower allegedly had with Lewis and Clark; several evidentiary issues were raised by Clark and Lewis on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of Brower corroboration for malice murder | Lewis argues Brower’s testimony is uncorroborated | State contends slight corroboration exists | Sufficient corroboration supports conviction |
| Admissibility of Brower testimony placing Lewis's character | Brower’s statements improperly placed Lewis’s character into evidence | Admission was permissible as consciousness-of-guilt evidence | Admissible; no reversible error |
| Sufficiency of Clark’s conviction based on Brower’s testimony | Brower’s testimony uncorroborated for Clark | Sufficient corroboration from other witnesses and links | Sufficient evidence to convict Clark beyond a reasonable doubt |
| Procedural handling of photograph and opening statement issues | Photographs used before admission; mistrial sought | Trial court remedy preserved fairness | No mistrial required; trial court properly remedied timing and instructed jury opening statements are not evidence |
Key Cases Cited
- Moore v. State, 288 Ga. 187 (Ga. 2010) (slight corroboration suffices for accomplice testimony)
- Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (sufficiency of evidence standard for conviction)
- Bridges v. State, 246 Ga. 323 (Ga. 1980) (consciousness of guilt as admissible evidence)
- Sweet v. State, 278 Ga. 320 (Ga. 2004) (incidental character evidence is permissible)
- Dolphy v. State, 288 Ga. 705 (Ga. 2011) (mistrial concerns and opening statement issues)
- Castillo v. State, 281 Ga. 579 (Ga. 2007) (preservation requirements for evidentiary objections)