Simon v. State.
320 Ga. App. 15
| Ga. Ct. App. | 2013Background
- Three defendants (Walter Simon, Cortez McClain, Anthony Trim) faced felony murder, armed robbery, burglary, aggravated assault, and false imprisonment charges for a home invasion.
- Convictions: Simon and McClain convicted of attempted armed robbery (lesser included), burglary, false imprisonment; not guilty of felony murder or aggravated assault; Trim convicted of attempted armed robbery (lesser included), burglary, aggravated assault, false imprisonment; not guilty of felony murder.
- Appeals: all challenge sufficiency of evidence; McClain also challenges the trial court’s grant of a juror-for-cause excusal; Simon and Trim’s challenges affirmed; McClain’s reversed but retriable.
- Evidence at Davy’s house included masked intruders, gunpoint threats, property theft, a vehicle pursuit, Bowles’s death, and post-crime statements by defendants; trial viewed evidence in light most favorable to prosecution.
- Court applied Jackson v. Virginia sufficiency standard; juror-for-cause inquiry under OCGA § 15-12-164; credibility issues for jury.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of Simon’s evidence | Simon — argues insufficient proof of knowledge/participation | Simon — claims lack of evidence of planning/aid | Evidence sufficient to support conviction beyond reasonable doubt |
| Sufficiency of McClain’s evidence | McClain — argues only Moncrieffe testified and implausible | McClain — asserts lack of active participation | Evidence sufficient; party to crimes beyond reasonable doubt |
| Juror-for-cause disqualification | State — juror should be excused for bias due to prior dealings | McClain — insufficient inquiry; juror’s bias not established | Trial court abused discretion; convictions reversed; retrial allowed |
| Trim’s credibility and statements | State — credibility for jury; statements corroborate charges | Trim — credibility issues for jury; suppression not reviewable | Sufficiency supported; credibility for jury |
| Overall sufficiency for Trim | Trim — argues insufficient testimony | State — evidence supports guilt | Sufficient evidence for Trim’s convictions |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (U.S. Supreme Court, 1979) (sufficiency review standard: rational factfinder could find essential elements beyond reasonable doubt)
- Poole v. State, 291 Ga. 848 (Ga. 2012) (voir dire and juror-for-cause procedures; standard of review)
- Lively v. State, 262 Ga. 510 (Ga. 1992) (reversal for improper cure of juror-for-cause error; retrial possible)
- Kim v. Walls, 275 Ga. 177 (Ga. 2002) (enumeration of errors and review limits in Georgia appellate practice)
- Johnson v. State, 262 Ga. 652 (Ga. 1993) (required showing of fixed opinion or bias to excuse juror for cause)