Browning v. State, 283 Ga. 528

Summary

The Supreme Court of Georgia affirmed Robert L. Browning's convictions for felony murder, aggravated assault, and possession of a firearm during the commission of a felony arising from the fatal shooting of William Roger Bryant. The court held that the evidence was sufficient and that trial counsel was not ineffective for failing to obtain a voluntary-manslaughter instruction or for the delay in pursuing post-trial relief. Applying the Barker v. Wingo factors, the court also concluded that the delay did not deny Browning due process.

Holdings

1. The evidence was sufficient for a rational trier of fact to find Browning guilty beyond a reasonable doubt of felony murder, aggravated assault, and possession of a firearm during the commission of a felony.
2. Counsel was not ineffective for failing to obtain or pursue a voluntary-manslaughter instruction because the evidence did not authorize such an instruction.
3. Browning's claim that counsel was ineffective for failing to request that the charge conference be recorded was moot because the evidence did not support the requested voluntary-manslaughter instruction.
4. The lengthy delay in resolving Browning's motion for new trial did not deny him due process under the circumstances presented.

Questions Presented

1. Whether the evidence was sufficient to support Browning's convictions for felony murder, aggravated assault, and possession of a firearm during the commission of a felony.
2. Whether trial counsel was ineffective for failing to secure or pursue a jury instruction on voluntary manslaughter and for failing to request that the charge conference be recorded.
3. Whether trial counsel's failure to timely pursue Browning's motion for new trial caused an unconstitutional post-trial delay amounting to a denial of due process.

Disposition

affirmed