Summary
The Supreme Court of Georgia affirmed Charlie Frank Stubbins's convictions for malice murder and armed robbery arising from the shooting death of Labage Bojang and the aggravated assault of William Asante. The court held that the trial court properly denied Stubbins's motion to suppress the arrest warrant because probable cause was supported by the investigating officer's affidavit and testimony. It also upheld the admission of testimony that Stubbins possessed a gun other than the murder weapon.
Topics
Practice areas
Questions Presented
- Whether the trial court properly denied Stubbins's motion to suppress the arrest warrant for lack of probable cause.
- Whether the trial court properly admitted relevant testimony that Stubbins was seen with a gun other than the murder weapon before and on the morning of the shooting.
- Whether the evidence was sufficient for a rational trier of fact to find Stubbins guilty of the charged crimes.
Holdings
- The trial court properly denied the motion to suppress the arrest warrant because the investigating officer presented the issuing magistrate with sufficient information to support an independent finding of probable cause.
- The trial court did not abuse its discretion by admitting relevant testimony that Stubbins was seen with a gun on the day before and the morning of the shooting.
- The evidence was sufficient for a rational trier of fact to find Stubbins guilty of the charged crimes.
Key quotations
“Based on this evidence, we conclude that the officer presented the issuing magistrate with sufficient information to support the magistrate’s independent finding that probable cause existed for the issuance of the warrant.” (472)
“After reviewing the evidence in the light most favorable to the jury’s determination of guilt, we conclude that a rational trier of fact could have found Stubbins guilty of the crimes charged.” (472)
Factual background
Stubbins and Michael Blackmon obtained a ride from Labage Bojang and William Asante after a nightclub closed. During or immediately after the ride, Bojang was shot four times and killed, while Asante was shot three times and grazed by a fourth bullet. Shell casings and bullets were linked to a nine-millimeter handgun found under a couch in a trailer where Stubbins had slept, and witnesses testified that they saw Stubbins with a gun before and after the shooting.
Procedural history
The shootings occurred on November 4, 1995. Stubbins was indicted on November 6, 1995, convicted by a jury, and sentenced to two consecutive life sentences on May 13, 1998. The trial court denied his motion for a new trial on February 18, 2000; he appealed, and the Supreme Court of Georgia considered the case without oral argument before affirming.