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Jonathan Robinsonv.The State

CourtCourt of Appeals of Georgia
Docket No.A14A2206
DecidedMarch 26, 2015
Reporter332 Ga. App. 240; 771 S.E.2d 751
JudgesCourt of Appeals of Georgia, Second Division; Presiding Judge Andrews and Judges McFadden and Ray; Judge Ray authored the opinion
Tags
CriminalCriminal ProcedureEvidenceJury InstructionsPlain ErrorIneffective Assistance of CounselJury SelectionRemand
Case Summary

A jury convicted Jonathan Robinson of rape, kidnapping, and armed robbery arising from two incidents and acquitted him of charges arising from a third victim. He appealed the denial of his motion for a new trial, challenging judicial recusal, impeachment evidence, a prospective juror, jury instructions, and trial counsel’s effectiveness. The Court of Appeals rejected his recusal challenge because his motion was untimely, unsupported by the required affidavit, and did not allege specific personal or supervisory involvement by the judge. It also upheld admission of evidence about prior arrests for stealing police vehicles because the defense opened the door by raising Robinson’s complaints against the police, and it found no abuse of discretion in declining to excuse a prospective juror who said she could follow the law. The court upheld admission of Robinson’s 2001 theft conviction after the trial court made the required balancing finding, but held that the court did not make the specific findings required to admit his 1985 conviction for impersonating an officer, which was more than ten years old. The court found no reversible error or ineffective assistance arising from the jury instruction because, considered as a whole, the charge did not create a reasonable probability of a different outcome. It vacated the judgment and remanded for the trial court to reconsider the new-trial motion after making on-the-record findings about the older conviction’s probative value and prejudicial effect.

Opinion

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Jonathan Robinson v. The State — The Atlanta Gleaner