Brannon v. GeorgiaAnnotate this Case
Appellant Stewart Brannon was found guilty of malice murder, felony murder, armed robbery and aggravated assault with a firearm in connection with the shooting death of Mario Smith. He appealed the denial of his motion for new trial, asserting that the trial court erred: (1) in refusing to hold that OCGA 17-16-4 (Georgia’s reciprocal discovery statute) required the State to turn over law enforcement officers’ notes; (2) erred in failing to find that the State withheld exculpatory material from the defense; (3) erred in admitting other acts evidence pursuant to OCGA 24-4-404 (b); (4) erred in allowing a police detective to identify the victim in video evidence; (5) erred in improperly rehabilitating a witness for the State; and (6) erred in failing to find he received ineffective assistance of counsel at trial. Finding no error, the Georgia Supreme Court affirmed appellant’s conviction of malice murder. In view of a sentencing error, however, the Court vacated a portion of the sentencing order and remand this case to the trial court for resentencing.