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Case Summary: Jones v. The State; Smith v. The State

Factual and Procedural Background

On October 1, 1982, Walter Jones and several friends were involved in a fight with Anthony Williams in a parking lot. While this occurred, Judy Miller and her husband Bennie Miller drove into the area in a van to intervene. After briefly stopping to offer assistance, the Millers left. Later that day Larry Smith (Jones' uncle), Bernie Edwards, and two other men visited Jones. Jones recognized the Millers' van passing his residence and informed the visitors. The group chased the van in Edwards' car; Edwards blocked the van and Smith fired a .30 caliber pistol from a car window, fatally wounding Judy Miller.

Walter Jones, Larry Smith, and Bernie Edwards were jointly tried and convicted of felony murder (OCGA § 16-5-1(c)). Edwards is not a party to these appeals. Jones and Smith separately appealed. Relevant procedural dates recorded in the opinion include: crime committed October 1, 1982; jury verdicts April 14, 1983; motions for new trial filed May 10 and May 12, 1983; transcript filed June 29, 1983; motions for new trial denied in December 1983; notices of appeal filed January 1984; records docketed in this Court in May 1984; and argument/submission dates in June 1984. Smith's counsel filed a motion pursuant to Anders v. California seeking leave to withdraw.

Legal Issues Presented

  1. Whether the evidence was sufficient to support convictions for felony murder as to each appellant.
  2. Whether the trial court erred in denying the motions to sever the defendants' trials.
  3. Whether testimony by witnesses who remained in the courtroom after testifying at the first trial was inadmissible at the retrial (sequestration rule issue).
  4. Whether the trial court erred in admitting three photographs of the victim into evidence.
  5. Whether counsel's Anders motion to withdraw was properly granted and whether Smith's appeal was frivolous and subject to dismissal.

Arguments of the Parties

Jones' Arguments

  • Challenged the sufficiency of the evidence supporting his felony murder conviction.
  • Argued the trial court erred in denying his motion to sever his trial from that of his co-defendants.

Smith's Counsel's Assertions (raised as possible grounds for appeal)

  • Filed an Anders motion seeking leave to withdraw, asserting the appeal lacked meritorious grounds.
  • Raised trial-court error in denying a motion to sever.
  • Contended that witnesses Bennie Miller and Glenda Bowers should have been excluded at retrial because they remained in the courtroom following testimony at the first trial (sequestration objection).
  • Argued that the admission of three photographs of the victim was unnecessary (due to stipulations as to identity and cause of death) and improperly inflammatory.
  • Outlined numerous other possible grounds for appeal (the opinion states these were examined and found without merit, but does not detail each in the text).

Table of Precedents Cited

Precedent Rule or Principle Cited For Application by the Court
Anders v. California, 386 U.S. 738 (87 S.C. 1396, 18 L.Ed.2d 493) (1967) Procedure for counsel to move to withdraw when appellate counsel concludes appeal is frivolous and requirement for independent court review of the record. Applied to conclude Smith's counsel met Anders requirements; counsel was granted permission to withdraw and Smith's appeal was dismissed.
Jackson v. Virginia, 443 U.S. 307 (99 S.C. 2781, 61 L.Ed.2d 560) (1979) Standard for reviewing sufficiency of the evidence (whether evidence permits a rational trier of fact to find guilt beyond a reasonable doubt). Used as the legal standard; court found the evidence authorized a rational trier of fact to convict Jones and Smith of felony murder.
Kennedy v. State, 253 Ga. 132 Guidance on trial-court discretion in denying motions to sever and factors to consider in severance decisions. Cited for the three-factor test applied in evaluating the denial of severance; court applied the factors and found no abuse of discretion.
Owens v. State, 251 Ga. 313 Addresses severance considerations and trial-court discretion. Cited in support of the framework for evaluating severance; used with other authorities to uphold denial of severance.
Cain v. State, 235 Ga. 128, 129 (218 S.E.2d 856) (1975) Statement that failure to sever may prejudice a defendant under enumerated considerations and that a motion to sever should be granted if prejudice is shown. Quoted to explain the severance standard; court concluded defendants did not demonstrate prejudice under those considerations.
Kelley v. State, 248 Ga. 133 (3) (281 S.E.2d 589) (1981) Authority regarding admissibility of evidence against co-defendants (that evidence admissible against one may be admissible against another). Relied upon to reject Jones' claim of impermissible spillover of inculpatory evidence from Smith to Jones.
Jordan v. State, 247 Ga. 328 (10) (276 S.E.2d 224) (1981) Rule that violation of sequestration affects only credibility, not admissibility, of witness testimony. Applied to hold that the presence of two witnesses in the courtroom after the first trial affected credibility only and did not render their testimony inadmissible at retrial.
Blanchard v. State, 247 Ga. 415 (1) (276 S.E.2d 593) (1981) Also supports the principle that sequestration-rule violations affect credibility, not admissibility. Cited alongside Jordan to reject Smith's sequestration-based challenge to admission of witness testimony at retrial.
Brown v. State, 250 Ga. 862 (5) (302 S.E.2d 347) (1983) Rule concerning exclusion of photographs as inflammatory evidence. Referenced to state that the challenged photographs did not fall within the rule established in Brown and thus were not excluded on that basis.
Scott v. State, 250 Ga. 195 (2) (297 S.E.2d 18) (1982) Principle that photographs which are material and relevant are not excludable merely because the defendant has stipulated to the cause of death. Applied to uphold admission of the victim's photographs despite Smith's stipulation to identity and cause of death.
State v. Pike, 253 Ga. 304 (320 S.E.2d 355) (1984) Authority regarding supplementation of the record on appeal when necessary. Invoked to explain that the photographs, not originally in the record, were transmitted to the Court upon its direction.
Robinson v. State, 250 Ga. 516 (299 S.E.2d 726) (1983) Authority regarding procedures for withdrawal of counsel and dismissal of frivolous appeals under Anders. Cited in concluding that Smith's counsel met Anders requirements and that Smith's appeal should be dismissed.

Court's Reasoning and Analysis

The Court proceeded in distinct analytical steps:

  1. Sufficiency of the evidence: Applying Jackson v. Virginia, the Court reviewed whether a rational trier of fact could find beyond a reasonable doubt that Jones and Smith were parties to a terroristic act causing Judy Miller's death. The Court recited the facts of the chase, the blocking of the van, and Smith's admitted shooting. It concluded the evidence clearly authorized conviction for felony murder under OCGA § 16-5-1(c).
  2. Severance motions: The Court identified the trial court's discretion in severance decisions when the death penalty has been waived, citing OCGA § 17-8-4 and Georgia precedent. It applied the three-factor test (potential confusion of law/evidence, spillover of inculpatory evidence despite instructions, and antagonistic defenses) drawn from Kennedy, Owens, and Cain. Finding none of those factors present—three defendants only, undisputed roles, no evidence inadmissible as to the co-defendant, and non-antagonistic defenses—the Court held the denial of severance was not an abuse of discretion.
  3. Sequestration/secon trial witnesses: Regarding Smith's contention that two witnesses who remained in the courtroom after testifying at the first trial should have been excluded at retrial, the Court observed that violation of sequestration affects credibility only, not admissibility, citing Jordan and Blanchard. The Court additionally stated that no sequestration violation occurred at the second trial and therefore found no error in admitting their testimony.
  4. Photographs: The Court addressed Smith's argument that three photographs of the victim were unnecessary and inflammatory because of stipulations. It concluded the photos were relevant and material to identity and cause of death, did not fall within the exclusionary rule of Brown v. State, and that relevant photographs are not excludable merely because of a stipulation (per Scott v. State).
  5. Anders motion and dismissal: Smith's counsel filed an Anders motion and identified possible grounds. The Court independently reviewed the entire record, found no meritorious grounds for appeal, determined the appeal would be frivolous, and concluded Anders requirements were satisfied. The Court granted counsel permission to withdraw and dismissed Smith's appeal, citing Robinson.

Holding and Implications

Holding: Case no. 41130 (Jones): Judgment affirmed. The Court affirmed Jones' felony murder conviction after rejecting his sufficiency and severance challenges.

Holding: Case no. 41131 (Smith): Appeal dismissed; Smith's counsel granted permission to withdraw under Anders. The Court independently reviewed the record, found no meritorious appellate issues, and dismissed the appeal.

Implications:

  • The direct consequence is the affirmation of Jones' conviction and the dismissal of Smith's appeal; Smith's appellate counsel was permitted to withdraw under Anders.
  • The opinion applies established Georgia and Supreme Court precedent on sufficiency review, severance discretion, sequestration, admissibility of photographs, and Anders procedures; it does not purport to establish new law or broader precedent beyond applying those authorities to the facts of these cases.

Decision announced November 27, 1984; rehearing denied December 12, 1984. All Justices concur except Smith, J., not participating in these decisions.

JONES v. THE STATE. SMITH

BELL, Justice.

Walter Jones, Larry Smith, and Bernie Edwards were jointly tried and convicted for the offense of felony murder. OCGA § 16-5-1 (c). Edwards is not a party to this appeal, and Jones and Smith separately appeal from their convictions. In case no. 41131, Smith's counsel has filed a motion pursuant to Anders v. California, 386 U.S. 738 ( 87 S.C. 1396, 18 L.Ed.2d 493) (1967), asking for leave to withdraw from the case. In his brief in support of his motion, Smith's counsel has raised numerous possible grounds for appeal. We affirm Jones' conviction, grant Smith's counsel permission to withdraw, and dismiss Smith's appeal.

The crime was committed on October 1, 1982. The Chatham County jury returned its verdicts of guilty on April 14, 1983. Jones' motion for new trial was filed on May 12, 1983; Smith's motion for new trial was filed on May 10, 1983. The transcript of evidence was filed on June 29, 1983. Jones' motion for new trial was denied on December 20, 1983; Smith's motion for new trial was denied on December 21, 1983. Jones' notice of appeal was filed on January 19, 1984; Smith's notice of appeal was filed on January 20, 1984. Jones' record was docketed in this court on May 2, 1984; Smith's record was docketed in this court on May 3, 1984. Smith's case was submitted for decision without oral argument on June 15, 1984. Jones' case was argued before this court on June 27, 1984.

1. We will first review the sufficiency of the evidence as to each appellant. On October 1, 1982 Walter Jones and several of his friends were fighting a man named Anthony Williams in a parking lot. A group of spectators gathered to watch, and while the men were fighting, the homicide victim, Judy Miller, and her husband, Bennie Miller, rode into the vicinity of the fight in a van driven by Mr. Miller. They saw the fight, and, hoping to stop it, turned into the parking lot. Jones and the crowd dispersed. After offering assistance to Williams, the Millers left the scene of the fight.

Soon after this incident, Larry Smith, who is Walter Jones' uncle, Bernie Edwards, and two other men, Michael Hanson and Ruben Samuels, visited Jones. After they arrived at his apartment, and while Jones was describing the fight, Jones saw the Millers' van being driven past his residence, and told the visitors that he recognized it as having been at the scene of the fight. Smith and the other men believed that the van's occupants were allies of Williams. They decided to chase the van, and got in Bernie Edwards' car, with Edwards driving. Edwards followed directly behind the van and began flashing his lights. When the van stopped at an intersection, Smith exited the car and approached the van with a .30 caliber pistol in his hand. Glenda Bowers, who was stopped at the intersection behind Edwards' car, testified that she saw Smith get out of the car and approach the van, carrying a long pistol in his right hand.

The Millers saw Smith approach their van with a good-sized object in his hand and they drove off. Smith rejoined his companions, and the chase continued. Edwards managed to overtake the van and to turn in front of it, blocking the road. Bennie Miller was forced to turn off the road to avoid a collision; he passed Edwards' car and reentered the highway, but as the van went by the car, Smith pointed his pistol from a car window and fired in the van's direction, fatally wounding Judy Miller in the head.

Testifying in his own defense, Smith admitted he fired the gun at the van, but claimed his sole intent had been to scare the Millers. Jones also testified in his own defense. He denied knowing that Smith had a gun until it was fired.

The court instructed the jury that it could find the defendants guilty of murder if it found beyond a reasonable doubt that the defendants caused Judy Miller's death while they were engaged in the commission of a terroristic act, a felony. See OCGA § 16-5-1 (c). The court further charged the jury on the definition of a terroristic act, OCGA § 16-11-37 (b) (2), and on the law of parties to a crime, OCGA § 16-2-20. We find that the evidence clearly authorized a rational trier of fact to find beyond a reasonable doubt that Larry Smith and Walter Jones were parties to the commission of a terroristic act which caused the death of Judy Miller. The jury was therefore authorized to find the appellants guilty of felony murder. Jackson v. Virginia, 443 U.S. 307 ( 99 S.C. 2781, 61 L.Ed.2d 560) (1979).

2. Jones argues, and Smith's counsel raises as a possible ground for appeal, that the trial court erred in denying their motions to sever their trial from that of their co-defendants.

Since the state waived the death penalty, the decision whether to grant or deny the appellants' motions to sever lay within the discretion of the trial court, and its decision to deny the motions will not be disturbed on appeal absent an abuse of discretion. OCGA § 17-8-4; Kennedy v. State, 253 Ga. 132 (2) ( 317 S.E.2d 822) (1984); Owens v. State, 251 Ga. 313 (8) ( 305 S.E.2d 102) (1983). In exercising its discretion when ruling on a motion to sever, a trial court should consider the following three factors: (1) whether the number of defendants will create confusion of the law and evidence applicable to each individual defendant; (2) whether there is a danger that inculpatory evidence admissible against one defendant will be considered against another despite cautionary instructions to the contrary; and (3) whether the defenses of the co-defendants are antagonistic to each other. Kennedy v. State, supra at 134; Owens v. State, supra, 251 Ga. at 321; Cain v. State, 235 Ga. 128, 129 ( 218 S.E.2d 856) (1975). "If the defendant can show the court by some facts that failure to sever will prejudice him under one or more of these considerations, his motion should probably be granted." Cain v. State, supra, 235 Ga. at 129.

None of the above factors is present in the instant case. Because the case involved only three defendants and because each one's role in the crime was undisputed, there was no danger of confusion as to the law and evidence applicable to each. Jones relies solely on the second factor mentioned above, arguing that the evidence implicating Larry Smith as the murderer spilled over to his case and was improperly considered by the jury against him. This contention has no merit, however, because there was no evidence admissible against Smith which was inadmissible against Jones. Kelley v. State, 248 Ga. 133 (3) ( 281 S.E.2d 589) (1981). In fact, if Jones' motion had been granted, evidence concerning Smith's involvement in the murder would have been indispensable to the state's case and properly admissible against Jones at a separate trial for felony murder. Similarly, there was no evidence admissible against Jones which was inadmissible against Smith. Finally, the defenses of the defendants were not antagonistic.

3. Jones enumerated only two errors, challenging the sufficiency of the evidence and the denial of his motion to sever. These contentions have been decided adversely to him and his conviction is affirmed.

4. Smith and Jones had been tried for the murder of Judy Miller once before. That trial ended in a mistrial. Smith's counsel raises as an arguable ground for appeal that the trial court erred by allowing Bennie Miller and Glenda Bowers to testify at the second trial. He contends that testimony should have been excluded because they remained in the courtroom following their testimony at the first trial. We disagree.

Even the violation of the rule of sequestration by a witness affects only the credibility, not the admissibility, of the witness' testimony. Jordan v. State, 247 Ga. 328 (10) ( 276 S.E.2d 224) (1981); Blanchard v. State, 247 Ga. 415 (1) ( 276 S.E.2d 593) (1981). Here, no violation of the sequestrating rule occurred at the second trial, and we hold that the fact that the two witnesses in question were allowed to remain in the courtroom following their testimony at the first trial affects only the credibility of their testimony, and not its admissibility. See Jordan v. State, supra, 247 Ga. at 347; Blanchard v. State, supra, 247 Ga. at 417. We find no error.

5. Another possible ground for appeal raised by Smith's counsel is that the trial court erred in admitting into evidence three photographs of the victim. The first is a facial picture, offered for the purpose of showing the identity of the victim; the second depicts the entry wound on the victim's left cheek; and the third depicts the exit wound at the right rear of the victim's neck. Smith argues that the photographs were unnecessary because he had stipulated to the identity of the victim and to the cause of her death, and that, accordingly, they improperly inflamed the jury. We find no error. The photographs in question were relevant and material to show the victim's identity and cause of death and do not fall within the rule established by Brown v. State, 250 Ga. 862 (5) ( 302 S.E.2d 347) (1983). Moreover, photographs which are material and relevant are not excludable on the ground that the defendant has stipulated to the cause of death. Scott v. State, 250 Ga. 195 (2) ( 297 S.E.2d 18) (1982).

The photographs were not included in the record originally filed with this court, but were transmitted to us upon our direction to supplement the record. See State v. Pike, 253 Ga. 304 ( 320 S.E.2d 355) (1984).

6. We have examined the other possible grounds for appeal outlined by Smith's counsel, and find them not to be meritorious. Smith's attorney timely served his motion to withdraw on Smith, and Smith has had ample time to respond, but has elected not to do so. We have independently examined the entire record in Smith's case, and conclude that there are no meritorious grounds for appeal and that an appeal would be frivolous. We therefore find that the requirements of Anders v. California have been met, and grant Smith's counsel permission to withdraw from the case. Accordingly, Smith's appeal is dismissed. Robinson v. State, 250 Ga. 516 ( 299 S.E.2d 726) (1983).

Case no. 41130. Judgment affirmed. All the Justices concur, except Smith, J., not participating. Case no. 41131. Appeal dismissed. All the Justices concur, except Smith, J., not participating.

DECIDED NOVEMBER 27, 1984 — REHEARING DENIED DECEMBER 12, 1984.
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JONES v. STATE
(Nov 27, 1984)