Freeman v. State, 284 Ga. 830

672 S.E.2d 644 (2009) · Supreme Court of Georgia · January 26, 2009 · No. No. S08A1802

Summary

The Supreme Court of Georgia affirmed Thomas Ray Freeman's convictions for felony murder and possession of a firearm during the commission of a crime. The court rejected claims involving severance of the joint trial, suppression of allegedly exculpatory evidence under Brady v. Maryland, and ineffective assistance of trial counsel. The court held that the evidence was sufficient and that the trial court did not err in denying Freeman's motion for a new trial.

Holdings

  1. The evidence was sufficient to enable a rational trier of fact to find Freeman guilty beyond a reasonable doubt of the crimes for which he was convicted.
  2. The trial court did not abuse its discretion by denying Freeman's motion to sever his trial from Stahl's.
  3. Freeman was not entitled to a new trial based on the State's alleged failure to disclose investigative notes concerning Cunningham.
  4. The trial court properly denied Freeman's motion for new trial based on ineffective assistance of counsel.

Questions Presented

  1. Whether the evidence was sufficient to support Freeman's convictions for felony murder and possession of a firearm during the commission of a crime.
  2. Whether the trial court abused its discretion by denying Freeman's motion to sever his trial from Stahl's.
  3. Whether the State violated Brady v. Maryland by failing to disclose investigative notes concerning an inmate's statement about Stahl's account of the crime.
  4. Whether trial counsel rendered ineffective assistance by failing to call Cunningham, by limiting cross-examination of Stahl, and by failing to confront Stahl with prior statements.

Disposition

affirmed

Cases Cited (16)

  • Stahl v. State, 284 Ga. 316, 669 S.E.2d 655 (2008)(followed)
  • Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979)(followed)
  • Denny v. State, 281 Ga. 114, 636 S.E.2d 500 (2006)(followed)
  • Jackson v. State, 284 Ga. 484, 668 S.E.2d 700 (2008)(followed)
  • Simmons v. State, 282 Ga. 183, 646 S.E.2d 55 (2007)(followed)
  • Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963)(followed)
  • Zant v. Moon, 264 Ga. 93, 440 S.E.2d 657 (1994)(followed)
  • Adams v. State, 283 Ga. 298, 658 S.E.2d 627 (2008)(followed)
  • Smith v. Francis, 253 Ga. 782, 325 S.E.2d 362 (1984)(followed)
  • Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984)(followed)

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