Compton v. State, S06A1718.
| Decision Date | 02 October 2006 |
| Docket Number | No. S06A1718.,S06A1718. |
| Citation | 635 S.E.2d 766,281 Ga. 45 |
| Parties | COMPTON v. The STATE. |
| Court | Georgia Supreme Court |
Carl P. Greenberg, Atlanta, for Appellant.
Paul L. Howard Jr., Dist. Atty., Elizabeth A. Baker, Asst. Dist. Atty., Bettieanne C. Hart, Asst. Dist. Atty., Thurbert E. Baker, Atty. Gen., Jason Charles Fisher, Asst. Atty. Gen., for Appellee.
Larry Compton was convicted by a jury of murder and other crimes stemming from the shooting death of Jerry Heard.1 On appeal, Compton argues that the trial court erred in dismissing a juror during deliberations without good cause. We affirm.
Viewed in favor of the verdict, the evidence shows that Compton allowed his friend, Octavia Dobbs, to occupy a portion of a duplex apartment he owned on Smith Street. The victim, Jerry Heard, wanted a relationship with Dobbs, but when she refused his advances he "tormented" her and threatened her. Dobbs told Compton about the problem. That evening, Heard showed up at the residence and began banging on Dobbs' door; she refused to let him in. After midnight, Dobbs heard gunshots in the backyard. Compton came to Dobbs' apartment and told her he just shot someone in the backyard and to clear everyone out of her apartment. Dobbs heard Heard calling her name, "like someone crazy." She thanked Compton because she was pleased to be rid of Heard.
Another witness heard a series of gunshots and then someone being beaten. She was familiar with Heard and recognized his voice as he hollered, The witness saw Compton emerge from behind his residence with a gun in his hand. He held the gun to the head of the witness, but then instructed her to leave the area. A bystander recognized Compton's silhouette in the dark standing at the open trunk of a vehicle.
The next day, Heard was found dead in a trash heap in an alley on Springside Drive in Atlanta. Death was caused by two fatal gunshot wounds to the neck and chest; there was also blunt force trauma to the head. Evidence at the scene suggested that Heard had been shot at another location and moved.
1. The evidence is sufficient under the standard of Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979), to permit a rational trier of fact to find Compton guilty beyond a reasonable doubt of murder and possession of a weapon during the commission of a felony.
2. Two days after the case was submitted to the jury, a juror communicated to the court that she could not continue with the deliberations because she claimed that she was unable to come to a decision. When questioned by the trial court, the juror was unable to offer a reason for her position, but she stated that she had not been threatened in any way and that she was not the sole juror to hold a given position on the case. The trial court then dismissed the juror for cause and replaced her with an alternate. Compton voiced no objection to the dismissal.
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Johnson v. State
...be, a defendant cannot invite or acquiesce to the ruling and then complain about the ruling before this Court. Compton v. State, 281 Ga. 45, 46(2), 635 S.E.2d 766 (2006); Paige v. State, 277 Ga.App. 687, 694, 627 S.E.2d 370 (2006). Accordingly, Johnson has waived challenge to the trial cour......
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Black v. State
...v. State , 327 Ga. App. 628, 632-33 (2), 760 S.E.2d 636 (2014) (citation and punctuation omitted). See also Compton v. State , 281 Ga. 45, 46 (2), 635 S.E.2d 766 (2006) (defendant may not acquiesce in a court’s ruling and then complain of same on appeal). Consequently, "this enumeration of ......
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Washington v. State
...agreed on which exhibits would be sent to the jury room, this claim was not preserved for appellate review. See Compton v. State , 281 Ga. 45, 46, 635 S.E.2d 766 (2006).7 (c) Appellant argues that his state constitutional right to be present during trial proceedings was violated when the tr......
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Stokes v. State
...As for the trial court's remedy for the situation, Stokes expressly agreed with it;6 thus, he cannot now complain. Compton v. State, 281 Ga. 45, 46(2), 635 S.E.2d 766 (2006). Even had the issue been preserved for appeal, the procedure employed by the trial court to remedy the improper strik......