306 Ga. App. 591
Ga. Ct. App.2010Background
- Nyane was convicted by a Madison County jury of attempted armed robbery, aggravated assault, possession of a firearm during a crime, and possession of tools for a crime.
- The incident occurred in September 2007 at a Golden Pantry store, where Nyane, armed with a gun, demanded money and shots were fired.
- A struggle over the cash register occurred; Meadows was wounded when Nyane fired twice, and Nyane fled leaving a cell phone.
- Police located Nyane in Lithonia; body armor was found in a closet, and Nyane later claimed Corrie Norman supplied the handgun and armor.
- Evidence included store video, still image, and body armor; Nyane challenged the admissibility of the still image and raised ineffective assistance claims.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for armed robbery and related crimes | Nyane contends evidence fails to prove elements. | State argues eyewitness and physical evidence establish guilt. | Convictions affirmed for attempted armed robbery, aggravated assault, and firearm possession. |
| Conviction for possession of tools for crime | Body armor is not a tool for robbery. | State argues armor aided the crime as a crime tool. | Reversed for possession of tools for the crime due to lack of tool-commonality. |
| denial of mistrial due to reference to another incident | Mistrial required to preserve fairness. | Testimony about another incident was not a separate crime. | Denial of mistrial affirmed; any error harmless given overwhelming evidence. |
| Admission of still image from video | Authentication/chain of custody not properly established. | Photograph admissible as fair depiction; objection waived. | Waived; not reconsidered on appeal. |
| Ineffective assistance of counsel for not moving to suppress body armor | Suppression of armor evidence would change outcome. | No strong showing armor would be suppressed; meritless motion. | No ineffective assistance; failure to suppress did not prejudice outcome. |
Key Cases Cited
- Drammeh v. State, 285 Ga. App. 545 (Ga. App. 2007) (standard of review for sufficiency of evidence)
- Garrett v. State, 263 Ga. App. 310, 587 S.E.2d 794 (Ga. App. 2003) (sufficiency after light most favorable to verdict)
- Ferguson v. State, 225 Ga. App. 490, 484 S.E.2d 296 (Ga. App. 1997) (victim identification supports attempt conviction)
- Johnson v. State, 190 Ga. App. 172, 378 S.E.2d 700 (Ga. App. 1989) (shots fired at victim support aggravated assault)
- Chesser v. State, 228 Ga. App. 164, 491 S.E.2d 213 (Ga. App. 1997) (waiver on evidentiary admissibility claims)
- Walker v. State, 197 Ga. App. 265, 398 S.E.2d 217 (Ga. App. 1990) (harmless error when overwhelming evidence)
- Chezem v. State, 199 Ga. App. 869, 406 S.E.2d 522 (Ga. App. 1991) (mistrial denial when no essential need)
- Souder v. State, 301 Ga. App. 348, 687 S.E.2d 594 (Ga. App. 2009) (meritless ineffective assistance claim)
- Drammeh v. State, 285 Ga. App. 545, 646 S.E.2d 742 (Ga. App. 2007) (see above for standard of review)