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Youngv.State

CourtSupreme Court of Georgia
Docket No.S12A1403
DecidedOctober 1, 2012
Reporter291 Ga. 627; 732 S.E.2d 269; 2012 Fulton County D. Rep. 2916; 2012 WL 4475667; 2012 Ga. LEXIS 747
JudgesSupreme Court of Georgia
Tags
CriminalCriminal LawCriminal ProcedureEvidenceHearsayConfrontation ClauseJury InstructionsIneffective Assistance of CounselMergerDirect AppealVacatur
Case Summary

Christopher Young was tried with a codefendant for the felony murder and armed robbery of Richard Boynton, Sr., the burglary of Boynton’s home, and related firearm and marijuana offenses. The evidence showed that Young entered the home, emerged carrying firearms, and told an accomplice that he had shot Boynton. The Georgia Supreme Court affirmed the felony-murder, armed-robbery, firearm, and marijuana convictions but vacated the burglary conviction because burglary served as the predicate felony for felony murder. The Court held that an accomplice’s testimony was sufficiently corroborated by a neighbor’s account of the codefendant’s statement identifying Young and describing the shooting. It also held that the statement was admissible under the co-conspirator hearsay exception and was not testimonial under Crawford, so its admission did not violate the Confrontation Clause. The trial court acted within its discretion in allowing the State to reopen its case after locating two previously disclosed witnesses. Finally, Young failed to show prejudice from any alleged deficiency in counsel’s preparation or closing argument. The judgment was affirmed in part and vacated in part.

Opinion

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