Turner v. State
299 Ga. 720
| Ga. | 2016Background
- Turner was tried for the March 15, 2011 shooting death of Quintaveis Johnson; indictment included malice murder, felony murder, aggravated assault, possession of a firearm during a crime, and possession of a firearm by a convicted felon. Trial began December 5, 2012; jury convicted on most counts and acquitted on one aggravated assault count. Sentenced to life for malice murder and 5 years consecutive for possession during commission of a felony.
- Eyewitnesses who knew Turner identified him as the shooter; one eyewitness (the victim’s brother) was grazed by the same bullet that killed the victim.
- Turner challenged (1) sufficiency of the evidence, (2) a State voir dire question asking if jurors could convict based solely on another person’s testimony, (3) denial of a challenge for cause to Juror 25, (4) failure to suppress pretrial photo IDs (raised for first time on appeal), (5) denial of mistrial after a witness’s drug-use testimony, and (6) sentencing omission (failure to sentence on felon-in-possession count).
- Trial court overruled voir dire objection, refused to strike Juror 25 for cause after the juror said he could follow instructions, admonished jury to disregard the drug-use testimony and denied mistrial, and sentenced on some counts but omitted sentence for felon-in-possession.
- On appeal the Supreme Court of Georgia affirmed convictions on the merits, found no reversible error in voir dire/juror rulings or in denial of mistrial, declined to consider the unpreserved photo-ID suppression claim, but vacated and remanded for sentencing on the felon-in-possession count.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Turner) | Held |
|---|---|---|---|
| Sufficiency of evidence | Evidence (eyewitness IDs, presence at scene, bullet graze to victim’s brother) supports convictions | Evidence insufficient to prove guilt beyond reasonable doubt | Affirmed — evidence sufficient to support convictions |
| Voir dire: single-witness question | Question tests jurors’ willingness to follow burden-of-proof instruction | Question invited prejudgment of outcome | Affirmed — question within trial court discretion; related to adherence to instructions |
| Challenge for cause (Juror 25) | Juror’s assurances he could be impartial and follow law cured initial bias | Juror’s initial statements showed fixed opinion; should be excused for cause | Affirmed — trial court did not abuse discretion in refusing to strike juror |
| Pretrial photo IDs suppression | State: identifications admissible | Turner: IDs compelled suppression (issue not preserved below) | Not considered on appeal — claim raised for first time, appellate review barred |
| Motion for mistrial after witness’s drug-use testimony | State: curative instruction adequate to remove prejudice | Turner: admonition insufficient; mistrial required | Affirmed — curative instruction adequate; no manifest abuse of discretion in denying mistrial |
| Sentencing omission (felon-in-possession) | State: sentencing may be corrected on remand | Turner: (no successful argument) | Vacated in part and remanded — trial court failed to sentence on felon-in-possession count; resentencing required |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (1979) (standard for sufficiency of the evidence review)
- Sallie v. State, 276 Ga. 506 (2003) (voir dire scope left to trial court discretion)
- Thomas v. State, 296 Ga. 485 (2015) (prohibits questions that commit jurors to a result on speculative facts; parties may probe willingness to follow instructions)
- Cade v. State, 289 Ga. 805 (2011) (juror with fixed opinion must be excused for cause)
- Akhimie v. State, 297 Ga. 801 (2015) (initial juror doubts do not automatically require excusal)
- Sears v. State, 292 Ga. 64 (2012) (trial court’s broad discretion in excusing jurors for cause)
- Kitchens v. State, 228 Ga. 624 (1972) (Supreme Court will not consider issues raised for first time on appeal)
- Harrell v. State, 253 Ga. 474 (1984) (denial of mistrial for prejudicial comment reviewed for manifest abuse)
- Watkins v. State, 237 Ga. 678 (1976) (new trial not required unless curative instruction failed to eliminate prejudice)
- Rafi v. State, 289 Ga. 716 (2011) (curative instruction can cure witness’s prejudicial character comment)
- Smith v. State, 298 Ga. 357 (2016) (appellate court may resolve merger/sentencing issues when trial court order fails to do so)