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Brownv.The State

CourtSupreme Court of Georgia
Docket No.S17A1141
DecidedOctober 30, 2017
JudgesSupreme Court of Georgia
Tags
CriminalCriminal LawCriminal ProcedureEvidenceIneffective Assistance of CounselMergerSentencingVacaturRemandTales From the CryptMurder & Mayhem
Case Summary

Ahmad Brown was convicted of malice murder and related offenses after a drug transaction involving counterfeit money ended with Brown shooting Deonta Moore in the head. On appeal, Brown challenged counsel’s performance, the trial court’s comments about evidence, and the sentence imposed after the court purported to merge several verdicts. The Supreme Court of Georgia held that Brown failed to show deficient performance or prejudice from counsel’s handling of witness credibility, impeachment, and related trial issues. It also held that the challenged judicial comments did not violate Georgia’s prohibition on comments about the facts because they addressed the admissibility and use of evidence rather than disputed facts. The trial court nevertheless erred in its merger analysis and failed to impose a sentence on the selling-marijuana conviction after vacating the felony-murder convictions by operation of law. The court affirmed the convictions, vacated the judgment in part, and remanded for correction of the sentence.

Opinion

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