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Jonathan Robinsonv.The State

CourtCourt of Appeals of Georgia
Docket No.A14A2206
DecidedApril 14, 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 CounselRemand
Case Summary

A jury in Fulton County found Jonathan Robinson guilty of two rapes, two kidnappings, and armed robbery, while acquitting him of other charges. On appeal from the denial of his motion for a new trial, Robinson challenged judicial recusal, evidence of prior arrests and convictions, a juror’s qualification, jury instructions, and counsel’s effectiveness. The Court of Appeals vacated the convictions and remanded with directions concerning two prior convictions admitted for impeachment. It rejected the recusal claim as untimely and procedurally deficient, and held that Robinson opened the door to evidence of prior arrests by presenting a theory of retaliation by an Atlanta police investigator and describing earlier complaints against the department. As to a 2001 theft-by-receiving conviction, the trial court had found its probative value outweighed prejudice based on an apparent, but unsupported, connection to Robinson’s complaints against the Atlanta Police Department; the court directed an on-the-record reconsideration of that balance. The trial court also admitted a decades-old conviction for posing as a police officer without the specific findings required to weigh its value against its prejudicial effect. The court directed the trial court to reconsider Robinson’s new-trial motion after making those findings. It rejected the juror challenge and held that the outdated “moral turpitude” instruction was not plain error and did not support an ineffective-assistance claim because Robinson showed no reasonable probability of a different outcome.

Opinion

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