Smith v. State, 297 Ga. 268

On July 18, 2008 Genai Coleman was shot and killed during an attempted car seizure; her vehicle was later recovered and forensic evidence (DNA on a cigarette butt and fingerprints) linked Ronald Smith to the car.
Smith was indicted on malice murder, felony murder, aggravated assault, motor vehicle hijacking, and three counts of possession of a firearm during the commission of a felony.
A jury convicted Smith on all counts on October 30, 2012; he received life for malice murder plus consecutive and concurrent sentences including firearm enhancements.
At trial an eyewitness became visibly upset during cross-examination; the judge questioned her out of the jury’s presence about a medical issue and then told the jury that her stress was due to personal medical problems and not related to the case.
Smith appealed solely on the ground that the trial court’s statement improperly commented on the witness’s credibility in violation of OCGA § 17-8-57.
The Georgia Supreme Court affirmed all convictions and sentences except it vacated one firearm-possession conviction (predicated on aggravated assault) because that possession count merged with the possession count predicated on murder; the possession count predicated on motor vehicle hijacking was upheld.

Issue	Plaintiff's Argument (Smith)	Defendant's Argument (State)	Held
Whether the trial court’s statement that the witness’s stress “is not really related to this case” improperly expressed opinion on witness credibility in violation of OCGA § 17-8-57	The judge’s remark bolstered the witness, usurped the jury’s role to assess demeanor, and therefore was reversible error	The court’s brief, factual statement identified a medical cause for distress, was a permissible exercise of trial-management discretion, and did not compliment or vouch for the witness	The statement did not violate OCGA § 17-8-57; no improper bolstering occurred and the conviction stands (except as to the merged firearm count)
Whether the evidence was sufficient to support convictions	N/A (Smith did not contest sufficiency)	N/A	Evidence was sufficient under Jackson v. Virginia to sustain the convictions
Whether multiple firearm-possession convictions were permissible under OCGA § 16-11-106(b) given crimes against a single victim	N/A	N/A	Firearm-possession convictions predicated on murder and aggravated assault (same victim) merged; possession predicated on motor vehicle hijacking (separately enumerated offense) could stand

Jackson v. Virginia, 443 U.S. 307 (sufficiency standard for criminal convictions)
State v. Marlowe, 277 Ga. 383 (analysis of multiple firearm-possession convictions under OCGA § 16-11-106(b))
Gibbs v. State, 295 Ga. 92 (merger of firearm-possession counts where underlying crimes relate to same victim)
Murphy v. State, 290 Ga. 459 (trial judge may not express opinion that bolsters a witness)
Smith v. State, 292 Ga. 588 (trial-court discretion to control proceedings and permissible judicial questioning)
Finley v. State, 286 Ga. 47 (trial court may propound questions to develop truth or clarify testimony)
Hubbard v. Hubbard, 277 Ga. 729 (warning against remarks that compliment a witness and bolster credibility)
Callaham v. State, 305 Ga. App. 626 (trial court comment intimating belief in witness credibility violates OCGA § 17-8-57)
White v. State, 287 Ga. 713 (demeanor and credibility are for the jury to assess)