Young v. State
290 Ga. 392
| Ga. | 2012Background
- Guilt at trial for malice murder and multiple related offenses; felony murder verdicts vacated by operation of law; sentencing included life terms and multiple concurrent terms; some offenses merged for sentencing; partial grant of new trial.
- Defendant Young appealed the trial court’s rulings on juror excusals, evidentiary issues, and sentencing, among other points.
- The State argues the convictions were supported by sufficient evidence and the procedures and instructions were proper; the sentence was lawful.
- The court affirmed judgments of conviction and sentencing.
- The crimes occurred in 2004, indictment in 2006, jury verdict in 2007, motion for new trial filed 2007 and amended 2010, appeal noticed 2011, decision 2012.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence | Young argues insufficiency to sustain the eight offenses as to liability. | Young contends evidence fails to prove each offense beyond reasonable doubt. | Affirmed: evidence sufficient; party liability established. |
| Juror excusal procedure | State complied with statutory and standing orders; no prejudice. | Yates v. State requires reversal for improper excusals. | Affirmed: excusals proper under guidelines; no vitiation of panel. |
| Conspiracy as underlying felony for felony murder | Count 3 put the predicate conspiracy on notice; proper to sustain felony murder. | Issue moot since underlying felony vacated; still permissible if notice exists. | Affirmed: underlying felony sufficiency noted; mootness respected; proper under Middlebrooks. |
| Armed robbery immediate presence instruction | Prosecutor’s framing of immediate presence is correct under case law. | Statement misstates law about presence and property location. | Affirmed: instruction considered proper and not error. |
| Recidivist sentencing and notice of prior convictions | State provided adequate notice and certifications of prior convictions. | Defense claims inadequate notice and possible error in pre-sentencing procedure. | Affirmed: notice adequate; recidivist sentencing proper. |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (sufficiency standard for criminal evidence)
- Yates v. State, 274 Ga. 312 (Ga. 2001) (juror excusal discretion and procedure; not reversible per facts here)
- Bryant v. State, 288 Ga. 876 (Ga. 2011) (array integrity; procedural review of excusals)
- Inman v. State, 281 Ga. 67 (Ga. 2006) (motive evidence admissibility in murder cases)
- Waits v. State, 282 Ga. 1 (Ga. 2007) (evidence tampering vs murder consistency)