Littlejohn v. State
320 Ga. App. 197
| Ga. Ct. App. | 2013Background
- Littlejohn convicted of burglary, theft by taking, and second-degree criminal damage to property after a jury trial.
- Batson challenge raised pre-swearing of the jurors; trial court held it untimely and denied the challenge.
- Evidence showed burglary in Monroe County on Aug. 6, 2007 with substantial property loss; prints were found but not identifying.
- Informant facilitated recovery of stolen items and described a truck; investigator relied on informant’s information.
- State introduced similar-transaction evidence of a 1999 Monroe County burglary; stipulations were made establishing admissibility.
- Trial court denied new-trial motions; verdict affirmed on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Batson challenge timing and legitimacy | Littlejohn | Littlejohn | Batson timely; explanations race-neutral; no discrim. intent found |
| Court’s alleged intimidation of witness credibility | Littlejohn | Littlejohn | No OCGA 17-8-57 violation; questioning proper to develop truth |
| USCR 31.3 hearing on similar transaction evidence | Littlejohn | Littlejohn | Abbreviated USCR 31.3 hearing valid; stipulations binding; no error in admission |
| Restriction of cross-examination of informant | Littlejohn | Littlejohn | No abuse; court limited cumulative questioning; within discretion |
| Ineffective assistance of trial counsel | Littlejohn | Littlejohn | No deficient performance established; strategic choices and credibility determinations supported |
Key Cases Cited
- Laney v. State, 271 Ga. 194 (Ga. 1999) (Batson timing and procedural posture; untimely after swearing not favored; timing clarified)
- Toomer v. State, 292 Ga. 49 (Ga. 2012) (Batson explanations must be facially race-neutral; precluding reliance on race-based justifications)
- Smith v. State, 264 Ga. 449 (Ga. 1994) (Batson analysis framework; credibility of explanations matters)