Trigger v. State, 275 Ga. 512

570 S.E.2d 323 (2002) · Supreme Court of Georgia · September 30, 2002 · No. S02A1077

Summary

The Supreme Court of Georgia affirmed Tony Trigger’s convictions for felony murder and possession of a firearm by a convicted felon. The court rejected challenges concerning juror strikes for cause, the State’s peremptory strikes under Batson, the jury instructions on felony status and homicide offenses, the firearm-possession restriction applicable to first offenders, and the alleged failure to instruct on justification. The court also held that Trigger was procedurally barred from raising ineffective assistance of trial counsel on appeal.

Holdings

  1. The evidence, viewed in the light most favorable to the verdict, was sufficient for a rational trier of fact to find Trigger guilty of felony murder and possession of a firearm by a convicted felon beyond a reasonable doubt.
  2. The trial court did not abuse its discretion in refusing to strike the challenged prospective jurors for cause.
  3. The trial court did not clearly err in finding that the State's stated reasons for striking the two challenged African-American prospective jurors were race neutral and in denying Trigger's Batson motion.
  4. Under the circumstances of this case, instructing the jury that the offense underlying the firearm-possession charge was a felony did not constitute an improper comment on the evidence under OCGA § 17-8-57.
  5. The trial court's instructions complied with the requirements of Edge v. State.
  6. Trigger was procedurally barred from asserting ineffective assistance of trial counsel on direct appeal.
  7. The trial court did not err because the record showed that the jury was instructed that the State bore the burden of disproving Trigger's justification defense beyond a reasonable doubt.

Questions Presented

  1. Whether the evidence was sufficient to support convictions for felony murder and possession of a firearm by a convicted felon.
  2. Whether the trial court erred in refusing to strike five prospective jurors for cause.
  3. Whether the State exercised peremptory strikes in violation of Batson v. Kentucky.
  4. Whether the trial court improperly commented on the evidence by instructing the jury that the prior offense underlying the firearm-possession charge was a felony.
  5. Whether the jury instructions on voluntary manslaughter, felony murder, and aggravated assault violated Edge v. State.
  6. Whether Trigger was procedurally barred from raising ineffective assistance of trial counsel on direct appeal.
  7. Whether the trial court failed to instruct the jury that the State bore the burden of disproving Trigger's justification defense beyond a reasonable doubt.

Disposition

affirmed

Cases Cited (14)

  • Jackson v. Virginia, 443 U.S. 307, 99 S. Ct. 2781, 61 L. Ed. 2d 560 (1979)(followed)
  • Raulerson v. State, 268 Ga. 623, 491 S.E.2d 791 (1997)(followed)
  • McPherson v. State, 274 Ga. 444, 553 S.E.2d 569 (2001)(followed)
  • Somchith v. State, 272 Ga. 261, 527 S.E.2d 546 (2000)(followed)
  • Glover v. State, 274 Ga. 213, 552 S.E.2d 804 (2001)(followed)
  • Batson v. Kentucky, 476 U.S. 79, 106 S. Ct. 1712, 90 L. Ed. 2d 69 (1986)(followed)
  • Williams v. State, 271 Ga. 323, 519 S.E.2d 232 (1999)(followed)
  • Purkett v. Elem, 514 U.S. 765, 115 S. Ct. 1769, 131 L. Ed. 2d 834 (1995)(followed)
  • Roundtree v. State, 270 Ga. 504, 511 S.E.2d 190 (1999)(followed)
  • Foster v. State, 272 Ga. 69, 525 S.E.2d 78 (2000)(followed)

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