Scruggs v. State
309 Ga. App. 569
| Ga. Ct. App. | 2011Background
- Scruggs was convicted by a jury of armed robbery, two counts of aggravated assault, and criminal trespass.
- He appeals the denial of his motion for new trial in Georgia Court of Appeals.
- Evidence showed Gil was robbed by two men, one later identified as Scruggs, with Perry driving the getaway Crown Victoria.
- A showup identification of Scruggs occurred at the high school shortly after arrest; Perry was identified as the driver.
- Police recovered Gil’s ID, cash, cigarettes, and a Cobra 9mm pistol from the Crown Victoria; latent prints matched Perry, none matched Scruggs.
- Scruggs testified he was with Perry/other men and that he had cash and other funds; co-defendant Perry testified corroborating limited involvement.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for armed robbery | Scruggs argues insufficient evidence; directed-verdict should have been granted. | State contends evidence viewed to support a rational jury finding of guilt beyond reasonable doubt. | Evidence legally sufficient to support armed robbery conviction. |
| Indictment sufficiency and special demurrer | Indictment lacks time, which gun used, and which defendant; counts fail form. | Indictment sufficient to apprise defense and protect double jeopardy; does not require party-to-crime labeling. | No error; indictment is sufficient and properly framed. |
| Severance of co-defendants | Joinder prejudicial due to antagonistic defenses; severance required. | Joint trial permissible absent demonstrated prejudice; no demonstrated harm. | Denial of severance proper; no showing of prejudice. |
| Showup identification suppression | Showup tainted by suggestiveness; identification unreliable. | Showup timely and necessary; admissible under two-part test; reliability preserved. | No error in denial of suppression; showup identification upheld. |
| Cross-examination on pending/dismissed/nonfelony charges (impeachment/Brady) | State improperly cross-examined Scruggs about other arrests; violated fairness. | Doors opened by Scruggs through direct testimony; prior crimes admissible to impeach credibility. | Impeachment allowed; door opened by defense; admission not error. |
Key Cases Cited
- Jackson v. State, 295 Ga.App. 427 (2009) (discusses sufficiency of evidence; standard is Jackson v. Virginia)
- Doe v. State, 306 Ga.App. 348 (2010) (provides standard for reviewing sufficiency on appeal)
- Wright v. State, 300 Ga.App. 32 (2009) (affirmation of sufficiency and credibility weighing principles)
- Metz v. State, 284 Ga.614 (2008) (joint trial considerations and severance framework)
- Self v. State, 245 Ga.App. 270 (2000) (scope of appellate review and standard for suppression/identity rulings)