[1] We affirm. Court of Appeals of Georgia. 1 Appellant contends that the evidence The crimes occurred between July 30 and August 4, 2014.
1.
Appellant contended: (1) the evidence was insufficient to support her convictions; (2) the trial court erred in its rulings on a number of evidentiary matters; and (3) trial counsel was constitutionally ineffective in eight different ways. We find no merit to Brown's second enumeration of error, in which he contends the trial court erred by failing to conduct an evidentiary hearing pursuant to Uniform Superior Court Rule 31.3 (B) to determine the admissibility of evidence of prior difficulties between Brown and the victim. "[W]e are bound to accept the trial court's decision on questions of fact and credibility at a suppression hearing unless clearly erroneous, [cit.]." No additional evidence was adduced at the subsequent bench trial, at which the trial court found Brown guilty of possession of cocaine in violation of the Georgia Controlled Substances Act and sentenced Brown under the First Offender Act to three years probation. The trial court found that the "rights" he was read were Miranda rights. Supreme Court of Georgia. Leonard Song could not identify Brown as Ms. Hodo's assailant, but did identify Brown as the person who entered the store one week earlier and who, upon being refused the sale of beer without proof of age, became irate, cursing and throwing a piece of paper at Ms. Hodo. Brown appeals, and we affirm.[1]. He was standing at the door of their residence when Ms. Haugabrooks, the victim, and her father returned home. Appellant contends that the evidence at trial was insufficient to support her conviction and that her trial counsel provided constitutionally ineffective assistance by failing to call a medical … He argues that the only options available to the jury under this recharge were voluntary manslaughter or murder. at 154, … Cramer, Weaver & Edwards, Christopher C. Edwards, for appellant. Dist. Subscribe to Justia's Free Summaries 2.
See State v. Brown, 315 Ga.App. Brown filed a motion for new trial on January 24, 1992, and an amended motion for new trial on June 23, 1992.
For the reasons that follow, we affirm the conviction. Brown was indicted on November 22, 1991, for malice murder, two counts of felony murder, the underlying felonies being possession of a firearm by a convicted felon and aggravated assault upon the victim, respectively, possession of a firearm by a convicted felon and two aggravated assaults upon employees located nearby. Lewis R. Slaton, District Attorney, Charles W. Smegal, Leonora Grant, Assistant District Attorneys, Michael J. Bowers, Attorney General, Susan V. Boleyn, Senior Assistant Attorney General, Peggy R. Katz, Staff Attorney, for appellee. BROWN v. THE STATE. 45412.
BROWN v. The STATE. S00G1809. of Supreme Court of Georgia opinions. The trial court merged the felony murder counts and sentenced Brown to life imprisonment for felony murder.
[1] The crime occurred on August 28, 1991. Yohanne Brown was convicted after a non-jury trial for escape and tampering with the operation of an electronic monitoring device. Appellant LaQuan Brown appeals her convictions for the murder of Ivory Carter, the armed robbery and aggravated assault of George Jackson, and the attempted murder and attempted armed robbery of Frederick Knight.
J. Tom Morgan, III, Dist. The victim's father went outside and observed the appellant running from the scene with a rifle in his right hand. NAHMIAS, Justice. She received a medication for her bruised hands, thighs, and lower back. Head v. State, 262 Ga. 795 (426 SE2d 547) (1993). The transcript was filed in the trial court on July 16, 1987. 2. Ballistics testimony indicated that the bullet removed from her head possibly had been fired from the .22 rifle recovered by investigating officers from the appellant's new residence. Pursuant to OCGA § 5–7–1(a)(4), the State appealed the suppression order to the Court of Appeals, which reversed in a 4–3 decision. of Supreme Court of Georgia opinions. A witness who was standing just outside the entrance to the store testified that he saw Brown fire shots as he backed out of the store's entrance. Considering the evidence in a light most favorable to the verdict, we conclude that a rational trier of fact could have found Brown guilty of all the offenses charged beyond a reasonable doubt.
He contends that the state failed to prove that he made a knowing and intelligent waiver of his Miranda rights, proving only that he waived his "rights," whatever that may mean.
A motion for new trial was filed on December 1, 1986, heard on October 2, 1987, and denied on November 16, 1987.
In this pre-trial appeal pursuant to OCGA § 5-7-1 (a) (5), the State seeks reversal of the trial court’s order determining that a federal indictment involving parties unrelated to Appellees will be inadmissible at Appellees’ trial. Judgment affirmed.
BROWN v. THE STATE. The majority characterized the evidence as uncontroverted and presenting no question regarding witness credibility, and it therefore applied de novo review to the suppression ruling.
See id.
Williams v. State, 256 Ga. 609 (1) (351 SE2d 454) (1987) and cit. 3. He was also convicted of the aggravated assault of Ms. Hodo, the aggravated assault of two other victims, and the possession of a firearm by a convicted felon. That night, while she was seated in the house with her back to a window, a shot was fired through the window from outside. The victim and Ms. Haugabrooks were drinking wine in "Bear's" backyard when the appellant approached and told the victim to leave.
Finally, the appellant contends that the trial court should have recharged on the state's burden of proof and the presumption of innocence during its recharge that "It is a question for the jury to determine whether the facts of this case meet the standard set by law, and if you find the defendant killed the deceased, it is for you to say whether the defendant acted from passion or revenge."
MARSHALL, Chief Justice. The case was docketed in this court on …
John Henry Brown appeals his conviction of the malice murder of Sara Ann Brown and his life-imprisonment sentence. 1. The instruction correctly stated the law as contained in OCGA § 16-5-2 (a), and the trial court properly instructed the jury on the defendant's presumption of innocence and the state's burden of proof. Moreover, the state proved during the Jackson v. Denno hearing that he was read his "rights" from a "waiver of counsel" form, which he declined to sign.
There was evidence that Brown and his victim lived with her father, her child, and Alene Haugabrooks. In Head v. State, 253 Ga. 429 (322 SE2d 228) (1984), this court held that the trial court should give a limiting instruction on request, when possession of a firearm by a convicted felon and felony murder are tried together, but Brown made no such request in this case, and we have recently reaffirmed the requirement that limiting instructions must be requested for there to be error in failing to instruct. In the Supreme Court of Georgia Decided: February 18, 2013 S12A1909. July 2, 2001. Cramer, Weaver & Edwards, Christopher C. Edwards, for appellant. The jury trial began on January 13, 1992, and concluded on January 16, 1992. In August … Decided April 6, 1988. We find no abuse of discretion, and we therefore affirm. THE STATE v. BROWN et al. Although Brown contends that the police did not stop questioning him when he stated that he wished to be silent, the state proved that he never requested an attorney or declined to answer the questions of the investigating officers. Based on a tip, the police conducted a photographic array which included Brown's photograph. Both were examined and treated at the hospital.
On August 28, 1992, the trial court denied Brown's motion for new trial, as amended, and on September 1, 1992, Brown filed his notice of appeal to the Supreme Court of Georgia. Linda Brown appeals from her conviction for the malice murder of her three-year-old son, Garry Brown.
A11A2374. No.
Atty., Decatur, for appellee. Medical testimony indicated that the victim died from a single .22-caliber bullet wound to the back of her head. Supreme Court of Georgia. of Supreme Court of Georgia opinions. Johnnie L. Caldwell, Jr., District Attorney, Michael J. Bowers, Attorney General, Andrew S. Ree, for appellee.
In the Supreme Court of Georgia Decided: April 26, 2016 S16A0122. BENHAM, Justice. BROWN v. THE STATE. Another witness, Barnett Hardin, testified that Brown had asked him for a handgun the week before because the people at the store would not sell him beer.