McBurrows v. State
325 Ga. App. 303
Ga. Ct. App.2013Background
- Keith McBurrows was convicted after a jury trial of two counts of armed robbery and two counts of possession of a firearm during the commission of a felony, related to robberies on March 21 and March 25, 2003.
- First victim was robbed of about $193 at a Campbellton Road check-cashing store; later, second victim was robbed at the same store, with both victims later identifying McBurrows.
- A BOLO described a dark two-door Ford Thunderbird; officers stopped a matching vehicle across from the store, detaining McBurrows as a passenger.
- Investigators questioned McBurrows, who provided a false name and address; after 30 minutes, he was arrested when verification failed.
- A search of the suspect vehicle yielded a drive-out tag and a gun; both victims identified McBurrows in a photo lineup, and at trial.
- McBurrows challenged various trial actions on suppression, evidentiary rulings, continuance of exhibits to the jury, and jury instructions; the court affirmed the conviction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the stop was supported by reasonable suspicion | McBurrows | McBurrows | Stop upheld as reasonable |
| Whether the detention was unreasonably prolonged | McBurrows | McBurrows | Detention not unreasonably prolonged |
| Whether the vehicle search/impoundment was lawful given waiver issue | McBurrows | McBurrows | Waived; no reversal for impoundment/search |
| Whether admission of bad character evidence without cure was reversible | McBurrows | McBurrows | No reversible error; evidence permissible or harmless |
| Whether the continuing witness rule and related exhibits went out with the jury improperly | McBurrows | McBurrows | Harmless error; no reversal |
Key Cases Cited
- Prado v. State, 306 Ga. App. 240 (Ga. App. 2010) (reasonable suspicion and collective knowledge standard for stops)
- Randolph v. State, 246 Ga. App. 141 (Ga. App. 2000) (detailing duration of investigative stops and diligence)
- Camp v. State, 259 Ga. App. 228 (Ga. App. 2003) (collective knowledge and be-on-the-lookout dispatch defense)
- King v. State, 258 Ga. App. 872 (Ga. App. 2002) (detention duration related to robbery investigation)
- Parks v. State, 199 Ga. App. 736 (Ga. App. 1991) (continuing witness rule and admissibility of lineup materials)
- Belmar v. State, 279 Ga. 795 (Ga. 2005) (harmless error assessment for evidentiary rulings)