Stovall v. State

696 S.E.2d 633, 287 Ga. 415, 2010 Fulton County D. Rep. 2082, 2010 Ga. LEXIS 496
CourtSupreme Court of Georgia
DecidedJune 28, 2010
DocketS10A0208
StatusPublished
Cited by22 cases

This text of 696 S.E.2d 633 (Stovall 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
Stovall v. State, 696 S.E.2d 633, 287 Ga. 415, 2010 Fulton County D. Rep. 2082, 2010 Ga. LEXIS 496 (Ga. 2010).

Opinions

BENHAM, Justice.

Appellant Keshon Terrell Stovall, also known as Archie Copprue, was convicted of and sentenced for the malice murder of Christopher King, for possession of the firearm he used in King’s murder, and for possession of the firearm his co-indictee used in King’s murder.1 We affirm the murder conviction and one of the convictions for firearm possession, and vacate the other conviction.2

[416]*4161. The State presented evidence that the body of the victim was found on February 4, 2000, lying in a remote area of the parking area of the victim’s place of employment. His employer testified the victim had worked until 9:00 p.m. on February 3. The victim had suffered multiple gunshot wounds to the chest and head, and a clear plastic bag containing white powder was found near his right hand. Several .22-caliber shell casings were found in the area of the body, as was a 9mm-caliber shell casing. The medical examiner who performed an autopsy on the body testified the victim had suffered five gunshot wounds, three of which were fatal: the “larger bullet” that had been fired into the back of the victim’s head, a shot in the groin area that lacerated the victim’s liver, and a shot that penetrated the victim’s right chest, causing internal hemorrhaging. The two non-fatal gunshot wounds were to the victim’s right shoulder and right chest.

Appellant’s fiancée, currently serving a prison sentence for possession of cocaine with intent to distribute, testified appellant was also known as “Bird.” She said appellant was angry with the victim in January 2000 because appellant had purchased what turned out to be imitation cocaine through the victim and appellant wanted the victim to reimburse him $4,800. In late January, appellant rented a car and drove to Chicago where he posted bond for his brother, and the duo returned to Atlanta. On a night in early February, appellant and his brother went to an apartment where the victim formerly had spent several nights, and the occupant, a friend of the victim who was indicted with appellant and his brother, testified appellant and his brother were dressed in black. The co-indictee also testified that appellant showed him the gun he was carrying inside his waistband, told him the victim owed appellant $4,800, and stated that “someone has to pay.” The occupant, who worked with the victim, took the visitors to the parking lot of the business where the victim worked. The following evening, appellant returned to the co-indictee’s apartment and told him the victim “was taken care of.” Appellant’s girlfriend testified she met appellant, his [417]*417brother, and the co-indictee on the night of February 3 and appellant told her they had killed the victim and placed a bag of imitation cocaine beside him. Appellant’s brother told her appellant had been scared when appellant shot the victim and appellant’s brother had shot the victim in the head. The girlfriend saw appellant and his brother clean two handguns — a 9mm-caliber and a .22-caliber — and put them in a black duffle bag that appellant’s brother took with him to Indiana. Appellant’s brother’s girlfriend, a prisoner in an Illinois penal institution, testified that appellant had bonded his brother out of jail in late January 2000 and had taken him to Atlanta. When the brother returned in early February from Atlanta, he brought a black duffle bag and told her appellant had shot the victim and appellant’s brother had had “to finish it” by shooting the victim in the head. Representatives of the Cook County, Illinois jail, a locksmith, and a car-rental agency provided testimony corroborative of details given by the two jailed women and the co-indictee.

The evidence was sufficient to authorize a rational trier of fact to find appellant guilty beyond a reasonable doubt of malice murder and possession of a firearm during the commission of a felony. Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979).

2. Citing Batson v. Kentucky, 476 U. S. 79 (106 SC 1712, 90 LE2d 69) (1986), appellant challenged in the trial court the State’s exercise of peremptory challenges against the two African-American members of the venire remaining after the third African-American member of the venire was struck for cause. The assistant district attorney stated she had struck one of the black venire members because the district attorney’s office had prosecuted the woman’s son within the last two years, and had struck the other black venire member because he had said that issues with his employment would probably distract him from the trial and that racism “was definitely an issue” in the criminal prosecution of one of his relatives, and the prosecutor was concerned he would not pay attention to the case. Defense counsel pointed out to the trial court that both challenged venire members had stated they could be fair and impartial. On appeal, appellant maintains the trial court erred in ruling that the reasons presented by the State for the exercise of its challenges were race-neutral.

The prior conviction of a family member of a prospective juror is a sufficiently race-neutral reason to support the exercise of a peremptory challenge, as is the venire member’s concerns about the hardship of jury service on his employment. Flanders v. State, 279 Ga. 35 (2) (609 SE2d 346) (2005). The rationales offered by the prosecutor were racially neutral since none of them is based on a characteristic or stereotype peculiar to any race. Turner v. State, 267 Ga. 149, 152 (476 SE2d 252) (1996). The trial court did not err in [418]*418denying appellant’s Batson motion since appellant failed to carry his burden of proving purposeful discrimination in the prosecution’s exercise of its peremptory challenges. Flanders v. State, supra, 279 Ga. at 38.

3. As part of its case-in-chief and over the objection of appellant, the State played for the jury a redacted version of a videotaped interview police conducted with a woman who was present with the co-indictee in the apartment visited by appellant and his brother. The woman did not testify at appellant’s trial. The HV2-minute videotape was admitted under the necessity exception to the rule barring the admission of hearsay testimony. See OCGA § 24-3-1 (b). The woman told investigators that “Bird” and a man she had never seen before were dressed in black from head to toe when they came to the apartment the night before the victim was killed; they were looking for the victim because he owed appellant $4,800; and appellant said he was going to kill him.

The confrontation clause imposes an absolute bar to the admission in evidence of an out-of-court statement when it is testimonial in nature and when the defendant does not have an opportunity to cross-examine the declarant. Gay v. State, 279 Ga. 180 (2) (611 SE2d 31) (2005). See Crawford v. Washington, 541 U. S. 36, 53-54 (124 SC 1354, 158 LE2d 177) (2004). Statements made to police officers during an investigation are “testimonial.” Watson v. State, 278 Ga. 763 (2) (b) (604 SE2d 804) (2004). Although appellant’s trial took place prior to the date Crawford was decided, the Crawford decision is applicable to all cases pending on direct review or not yet final.

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Stovall v. State
696 S.E.2d 633 (Supreme Court of Georgia, 2010)

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Bluebook (online)
696 S.E.2d 633, 287 Ga. 415, 2010 Fulton County D. Rep. 2082, 2010 Ga. LEXIS 496, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stovall-v-state-ga-2010.