Georgia v. Brown
Annotate this CaseAppellee Terrell Brown and co-defendants Milton Rufus Hall and Andrew Dontavius Glass were indicted by grand jury with malice murder, felony murder, aggravated assault, armed robbery, aggravated battery, and possession of a firearm during the commission of a felony. The charges arose from the fatal shooting of Stacey Monts and the shooting of Mario Roscoe. Brown filed a pretrial motion for immunity from prosecution based on self-defense. Following a hearing on the motion, the trial court issued an order granting Brown immunity on most of the charges against him. The court’s ruling, however, omitted any reference to Count 6, which charged Brown and his co- defendants with committing an armed robbery by “tak[ing] a handgun” from Monts. On appeal, the State argues that the court’s failure to grant immunity on the armed-robbery charge conflicted with its grant of immunity on the other charges because, under OCGA § 16-3-21 (b) (2), a person could not be justified in using force while “attempting to commit, committing, or fleeing after the commission or attempted commission of a felony,” such as armed robbery. The Georgia Supreme Court concluded the State correctly identified a potential conflict within the trial court’s ruling. However, the record on appeal did not permit the Supreme Court to determine whether the trial court erred because it could not discern whether the court even ruled on whether Brown was entitled to immunity on Count 6, much less that the court denied Brown immunity on that count. Because the record on appeal was insufficient for meaningful appellate review, the judgment was vacated and the case remanded for further clarification and analysis.
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