Sharpe v. State
288 Ga. 565
| Ga. | 2011Background
- Sharpe was convicted of murder, aggravated assault, and weapon offenses for a November 1, 2006 shooting after confrontation on Holloway's porch.
- Holloway and Harrison were shot; Harrison died; Holloway identified Sharpe as the shooter in court and earlier in a photo lineup.
- Tilley testified the driver had a gun and fired from the car; his description matched Sharpe's features.
- Evidence showed Sharpe previously attempted to shoot Holloway over a debt about a month before the incident.
- On appeal, the Court held the aggravated assault conviction merged into the malice murder conviction for sentencing purposes, requiring vacatur and remand for resentencing.
- Mug shot evidence from a prior arrest was admitted in the photo array but deemed harmless error given the overwhelming guilt evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether merger requires resentencing | Sharpe argues no merger; Vergara requires merger. | State concedes improper lack of merger; argues no error beyond correction. | Aggravated assault merged into murder; vacate and remand for resentencing. |
| Whether juror No. 32 could be kept for cause | Juror was biased toward police due to underwater-search experience; should have been struck. | Juror stated he could be fair; no abuse of discretion. | Court did not abuse discretion; no reversible error. |
| Admission of mug shot photos | Mug shot from prior arrest improperly placed character in evidence. | Booking photos generally permissible and not prejudicial; any error harmless. | Error admitted but harmless beyond doubt. |
| Appropriateness of the Allen charge | Allen charge language coercive; Burchette disapproved of 'must be decided' language. | Charge was otherwise fair; coerciveness not shown given deliberations and polling. | No reversible error; charge not coercive under the circumstances. |
| Removal and replacement of Juror Hamilton; reconstitution instructions | Court failed to question remaining jurors; failed to instruct anew. | Remoteness of questioning and instructions complied with by ‘fresh start’ directive. | No error; instructions effectively restarted deliberations. |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (sufficiency standard for evidence)
- Vergara v. State, 287 Ga. 194 (2010) (merger rule; fact-based merger applied)
- Burchette v. State, 278 Ga. 1 (2004) (Allen charge language can be noncoercive if overall fair)
- Luker v. State, 291 Ga.App. 434 (2008) (criteria for coercive Allen charges and deliberation factors)
- Lowery v. State, 282 Ga. 68 (2007) (factors for evaluating coerciveness of jury charges)
- Dill v. State, 277 Ga. 150 (2003) (duty to recharge jury when requested)
- Rittenhouse v. State, 272 Ga. 78 (2000) (mug shots admissibility and prejudice considerations)
- Roundtree v. State, 181 Ga.App. 594 (1987) (photographs of prior arrests and character evidence)
- Tennon v. State, 235 Ga. 594 (1975) (credibility and per se limits on juror bias)
- Taylor v. State, 243 Ga. 222 (1979) (voir dire and juror bias discretion)