Sanders v. The State

Summary

The Supreme Court of Georgia affirmed Benji Cortez Sanders’s convictions for malice murder and aggravated battery arising from the death of Sheila Freeman. The court held that the evidence was legally sufficient, that the trial court properly denied a mistrial based on alleged prejudicial pretrial publicity, and that Sanders waived appellate review of the discharge of a juror by failing to object. All Justices concurred.

Holdings

1. The evidence, viewed in the light most favorable to the verdict, was legally sufficient to authorize a rational trier of fact to find Sanders guilty beyond a reasonable doubt of malice murder.
2. The trial court did not abuse its discretion by denying the motion for a mistrial because Sanders failed to show that the publicity was factually incorrect, inflammatory, or reflective of an atmosphere of hostility, or that he could not receive a fair trial.
3. Sanders waived appellate review of the alleged impropriety in discharging the juror because he failed to object when the trial court announced and carried out the discharge.

Questions Presented

1. Whether the evidence was legally sufficient to sustain Sanders's malice-murder conviction.
2. Whether the trial court erred by denying Sanders's motion for a mistrial based on alleged juror exposure to prejudicial pretrial publicity.
3. Whether the trial court erred by discharging a juror after trial had begun when Sanders did not object to the discharge.

Disposition

affirmed