Allen v. Georgia
Annotate this CaseAfter successive jury trials in November 2017 and February 2018, Appellant Broderick Allen was acquitted of participation in criminal street gang activity, but convicted of malice murder and related offenses in connection with the shooting deaths of Antony Jackson and Miguel Hayes. On appeal, Appellant contended the evidence was constitutionally insufficient to support his convictions for the two counts of aggravated assault and two firearm possession charges arising from the November 2017 trial and for the remaining convictions arising from the February 2018 trial. He also contended: the trial court erred by refusing to grant him a new trial under the exercise of its discretion as a “thirteenth juror”; that the trial court erred by denying a motion for mistrial made by Appellant during the November 2017 trial when, according to Appellant, a witness improperly placed his character into evidence; and that the trial court erred during the February 2018 trial by permitting, over Appellant’s objection, the State to improperly bolster the credibility of a State’s witness. Finding the evidence sufficient and no reversible error, the Georgia Supreme Court affirmed.
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