Summary
The Supreme Court of Georgia affirmed Michael James Gobert’s convictions for felony murder, aggravated assault, and possession of a firearm during the commission of a felony arising from a shooting. The court held that the evidence was sufficient, that Gobert waived his right to attend bench conferences, and that jury selection and the charge conference were transcribed. The court further held that any error concerning the prosecutor’s closing argument was harmless and that denial of a mistrial was not an abuse of discretion.
Topics
Practice areas
Questions Presented
- Whether the evidence was sufficient to support Gobert's felony-murder conviction predicated on aggravated assault and his aggravated-assault convictions involving Putnam and Harrison.
- Whether Gobert was improperly excluded from critical bench conferences during jury selection despite his counsel's waiver of his presence.
- Whether the trial court erred by failing to have jury selection and the charge conference transcribed.
- Whether the trial court erred by failing to rebuke the prosecutor under OCGA § 17-8-75 or grant a mistrial after the prosecutor referred during closing argument to Putnam's unavailability as a witness.
Holdings
- The evidence was sufficient to authorize a rational jury to find Gobert guilty of felony murder predicated on aggravated assault and of the aggravated assaults of Putnam and Harrison. The jury was authorized to reject Gobert's justification defenses.
- Gobert waived his right to be present at the challenged bench conferences because he was present when his counsel expressly waived his presence, did not object, and never sought inclusion in the later conferences.
- The claim provided no basis for reversal because the record showed that jury selection and the charge conference had in fact been transcribed and recorded.
- Even assuming the trial court erred by failing to rebuke the prosecutor under OCGA § 17-8-75, any error was harmless. The trial court also did not abuse its discretion by denying Gobert's motion for mistrial.
Key quotations
“the relevant question is whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.” (6)
“A defendant may personally waive his right to be present at a stage in the trial, or counsel may waive this right for the defendant. But in order for the waiver of counsel to be binding on the defendant, it must be made in his presence or by his express authority, or be subsequently acquiesced in by him.” (11-12)
“it is highly probable that the trial court’s alleged error in failing to comply with OCGA § 17-8-75 did not contribute to the verdicts.” (16)
Factual background
After an altercation at a mobile home on Gobert's property, three men attempted to leave in a car. Gobert emerged from his nearby home and fired multiple shots at the departing vehicle, killing Johnny Montgomery and injuring Edrius Putnam; Deisman Harrison survived and testified that Gobert held him at gunpoint and threatened him. Gobert admitted to investigators that he shot at the men because they were trespassing and causing trouble, while claiming justification based on self-defense, defense of others, and defense of property.
Procedural history
A Walker County jury found Gobert guilty of felony murder, aggravated assaults, and possession of a firearm during the commission of a felony, while acquitting him of malice murder and one firearm count. The trial court imposed a life sentence without parole and consecutive firearm sentences, later correcting a sentencing-order error concerning a merged count. The trial court denied Gobert's amended motion for new trial, and Gobert appealed.