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Grellv.State

CourtSupreme Court of Georgia
Docket No.S12A1177
DecidedOctober 1, 2012
Reporter291 Ga. 615; 732 S.E.2d 741; 2012 Fulton County D. Rep. 2906; 2012 WL 4475649; 2012 Ga. LEXIS 741
JudgesSupreme Court of Georgia
Tags
CriminalCriminal LawCriminal ProcedureEvidenceHearsayExpert TestimonyJury InstructionsIneffective Assistance of CounselMergerReversalVacatur
Case Summary

Devin Anthony Grell was convicted after a shooting at a Gwinnett County home in which Donny Edouard was killed and Brianna Morgan was wounded. The Georgia Supreme Court affirmed Grell’s felony-murder, burglary, and remaining aggravated-assault and firearm-possession convictions, but vacated one aggravated-assault conviction and two firearm-possession convictions. The Court held that the evidence supported the surviving convictions and that two shots fired at Morgan in rapid succession constituted one aggravated assault. It also upheld the exclusion of a prisoner’s proposed testimony that another man had confessed, finding the witness’s account insufficiently trustworthy under the exceptional-circumstances rule for third-party declarations against penal interest. The Court rejected Grell’s challenge to a jury instruction requiring separate and independent consideration of each count, and rejected his ineffective-assistance claims because he showed no resulting prejudice. The judgment was therefore affirmed in part and vacated in part. The vacatur corrected duplicative convictions without disturbing the life sentence for felony murder or the remaining consecutive terms.

Opinion

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