Ellis v. State

736 S.E.2d 412, 292 Ga. 276, 2013 Fulton County D. Rep. 40, 2013 WL 57221, 2013 Ga. LEXIS 17
CourtSupreme Court of Georgia
DecidedJanuary 7, 2013
DocketS12A1923
StatusPublished
Cited by55 cases

This text of 736 S.E.2d 412 (Ellis v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ellis v. State, 736 S.E.2d 412, 292 Ga. 276, 2013 Fulton County D. Rep. 40, 2013 WL 57221, 2013 Ga. LEXIS 17 (Ga. 2013).

Opinion

Blackwell, Justice.

Darius Ellis was tried by a Fulton County jury and convicted of the murder and attempted armed robbery of Marvel Stripling, as well as possession of a firearm during the commission of a felony. Ellis appeals, contending that the evidence is insufficient to sustain his convictions, that the trial court improperly limited his voir dire of prospective jurors, that the trial court improperly commented on the credibility of a witness, and that he was denied the effective assis[277]*277tance of counsel. Having reviewed the briefs and record, we find no reversible error, and we affirm.1

1. Viewed in the light most favorable to the verdict, the evidence shows that Stripling drove to Atlanta on July 21, 2008 to purchase marijuana, bringing with him a large amount of cash. After arriving in Atlanta, Stripling called on his friend, Shaya Muhammad, who had suggested to Stripling that Atlanta was a good market in which to buy marijuana. Muhammad enlisted Ellis, his neighbor, to assist Stripling, and Stripling, Muhammad, and Ellis set out in a car in search of marijuana. Their search eventually took them to a nearby residence, where Ellis entered the home, retrieved a marijuana sample, and eventually brought the sample outside for Stripling to inspect. While Ellis was inside the home, his identical twin brother, Demetrius, appeared at the residence and also entered the home. The sample that Ellis retrieved from the home apparently was acceptable to Stripling, and Stripling, Muhammad, and Ellis returned to the street on which Muhammad and Ellis lived, where the three men waited in their car for a marijuana dealer to arrive.

About 20 minutes later, a man arrived with a garbage bag and went into the home in which Ellis lived. Stripling wanted to remain outside, but Ellis insisted that Stripling complete the marijuana [278]*278transaction inside his home. At first, Ellis went into his home alone, but he later returned outside and called for Stripling, and Stripling reluctantly agreed to accompany Ellis into the home. Muhammad followed. Inside, the man who had arrived earlier with a garbage bag pulled out a handgun, and another individual appeared with a bandana over his face, also carrying a gun. Stripling struggled with the gunmen, and in the course of that struggle, he was shot twice in the leg. The massive blood loss occasioned by these gunshot wounds eventually caused his death. Around the time he was shot, some of the money that Stripling had been carrying, as well as some of his j ewelry, went missing.

While Stripling was struggling with the gunmen, Muhammad and Ellis fled from the residence. Later, Demetrius and another man were seen exiting and fleeing from the home, both carrying guns. When Ellis met with a detective to discuss the incident, he admitted that he had set up Stripling for an armed robbery. Ellis denied, however, that he knew that anyone would be shot in the course of the robbery, and he added that he was not willing to go to jail for Demetrius.

Ellis contends that the evidence merely shows his presence at the scene of the crimes, which would not be enough, of course, to warrant a conviction. See Brown v. State, 291 Ga. 887, 888 (1) (734 SE2d 41) (2012). In support of this contention, Ellis notes that Muhammad testified at trial that Ellis appeared to be shocked by the events that unfolded inside his home and that Ellis fled before any shots were fired. And about his incriminating statements to the detective, Ellis claims that the testimony of the detective about these statements was weak and ambiguous. As we have explained before, however, it is for the jury, not appellate judges, to assess the credibility of witnesses, to weigh the evidence, and to resolve conflicts in the evidence. Williams v. State, 287 Ga. 199, 200 (695 SE2d 246) (2010). When we consider whether the evidence is sufficient to sustain a conviction, we must view the evidence in the light most favorable to the verdict, and we inquire only whether a jury reasonably could find beyond a reasonable doubt from that evidence that the defendant is guilty of the crimes of which he was convicted. Cutrer v. State, 287 Ga. 272, 274 (695 SE2d 597) (2010).

The evidence in this case was sufficient to authorize the jury to find that Ellis, Demetrius, and the other gunman were engaged in a common enterprise that involved Ellis luring Stripling into his home for the purpose of an armed robbery. “[W]hether a person was a party to a crime can be inferred from his presence, companionship, and conduct before and after the crime was committed.” Teasley v. State, 288 Ga. 468, 469 (704 SE2d 800) (2011) (citations omitted). See also [279]*279Copeny v. State, 316 Ga. App. 347, 349 (1) (a) (729 SE2d 487) (2012). Here, the evidence showed that Ellis undertook to guide Stripling in his search for marijuana, that Ellis took Stripling to a residence at which Demetrius appeared, that Ellis and Demetrius were inside the residence for a period of time, that Ellis exited the residence and directed Stripling to return to the street on which Ellis lived, that Ellis waited with Stripling until the gunman with a garbage bag arrived, that Ellis followed the gunman inside his home, that Ellis subsequently called Stripling into his home, and that Ellis insisted that the marijuana transaction be completed inside his home. Moreover, Ellis and Demetrius are brothers, and as we have said before, “where . . . the crimes involve relatives, slight circumstances can support the inference that the parties colluded.” Teasley, 288 Ga. at 469 (citation and punctuation omitted).

From this evidence, as well as the incriminating statements that the detective attributed to Ellis, the jury properly might have found that Ellis was not merely present at the scene of the crimes, but was a party to them. See Parks v. State, 272 Ga. 353, 354 (529 SE2d 127) (2000). Cf. Moore v. State, 255 Ga. 519, 521 (1) (340 SE2d 888) (1986) (evidence was insufficient where it was only circumstantial and showed merely that defendant had motive to kill victim, was present at scene of crime, and fled from scene). Even if Ellis “did not have the specific intent that [Stripling] be killed, the crimes which he did intend were dangerous ones; by their attendant circumstances, they created a foreseeable risk of death.” Parks, 272 Ga. at 354 (citation omitted). Accordingly, we conclude that the evidence was sufficient to authorize a rational trier of fact to find beyond a reasonable doubt that Ellis was a party to the crimes of which he was convicted and for which he was sentenced, namely, felony murder in the commission of an aggravated assault, attempted armed robbery, and possession of a firearm during the commission of a felony. Jackson v. Virginia, 443 U. S. 307, 319 (III) (B) (99 SC 2781, 61 LE2d 560) (1979). See also Teasley, 288 Ga. at 470; Hill v. State, 281 Ga. 795, 797 (1) (a) (642 SE2d 64) (2007); Parks, 272 Ga. at 354; Walsh v. State, 269 Ga. 427, 430 (1) (499 SE2d 332) (1998).

2. We next consider the contention that the trial court improperly limited the voir dire of prospective jurors. Voir dire began with general questions put to the venire as a whole, and during this portion of the voir dire, Ellis asked whether any jurors had strong feelings about individuals involved in the sale of illegal drugs.

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Bluebook (online)
736 S.E.2d 412, 292 Ga. 276, 2013 Fulton County D. Rep. 40, 2013 WL 57221, 2013 Ga. LEXIS 17, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ellis-v-state-ga-2013.