Summary
The Georgia Supreme Court affirmed Brent James Shubert’s convictions for malice murder and concealing the death of another. The court held that Shubert failed to establish a prima facie Sixth Amendment fair-cross-section violation because racial identification was unavailable for most individuals on the grand jury master list.
Holdings
- Shubert failed to establish a prima facie Sixth Amendment fair-cross-section violation because he presented insufficient evidence to determine the racial composition of the grand-jury master list.
- The evidence was legally sufficient to authorize a rational trier of fact to find beyond a reasonable doubt that Shubert was guilty of the crimes for which he was convicted.
Questions Presented
- Whether the grand jury that indicted Shubert violated the Sixth Amendment's fair-cross-section requirement because the grand-jury list contained duplicate names that were allegedly disproportionately white.
- Whether the trial evidence was legally sufficient to support Shubert's convictions.
Disposition
affirmed
Cases Cited (5)
- Jackson v. Virginia, 443 U.S. 307, 319, 99 S. Ct. 2781, 61 L. Ed. 2d 560 (1979)(followed)
- Duren v. Missouri, 439 U.S. 357, 364, 99 S. Ct. 664, 58 L. Ed. 2d 579 (1979)(followed)
- Ramirez v. State, 276 Ga. 158, 161 (1) (c), 575 S.E.2d 462 (2003)(followed)
- Morrow v. State, 272 Ga. 691, 693 (1), 532 S.E.2d 78 (2000)(followed)
- Malcolm v. State, 263 Ga. 369, 371-372 (4), 434 S.E.2d 479 (1993)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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