Russell v. State
| Decision Date | 18 April 1994 |
| Docket Number | No. S94A0515,S94A0515 |
| Citation | 441 S.E.2d 750,264 Ga. 121 |
| Parties | RUSSELL v. The STATE. |
| Court | Georgia Supreme Court |
Franklin H. Thornton, LaGrange, for Russell.
Peter J. Skandalakis, Dist. Atty., LaGrange, Michael J. Bowers, Atty. Gen., Susan V. Boleyn, Senior Asst. Atty. Gen., Marla-Deen Brooks, Asst. Atty. Gen., Dept. of Law, Atlanta, for the State.
Chaviano Russell was convicted of murder for the shooting death of the victim and sentenced to life in prison. 1 The evidence at trial, considered in the light most favorable to the verdict, showed that on the day of the murder the victim and a friend parked their car behind Russell's van. Russell quickly approached the car and attempted to pull the victim from his seat on the passenger side of the car. The victim ultimately escaped through the driver's side door and as he ran across the street and away from Russell, Russell shot at him at least three times. He died the next day as a result of a single gunshot wound. In a statement to police, Russell admitted shooting the victim as he ran away but claimed the victim had a gun and that the murder was justified. No weapon was found on or near the victim's body and two witnesses testified that the victim was unarmed.
1. Reviewing the evidence in the light most favorable to the verdict, we conclude that a rational trier of fact could have found Russell guilty of murder beyond a reasonable doubt. Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979).
2. Russell contends the court erred in granting the state's motion in limine to exclude evidence that the victim had previously been convicted for possession of cocaine. He argues that evidence of this prior conviction is relevant to show that the victim may have been under the influence of cocaine on the day of the murder thereby supporting his defense of justification.
Even assuming the jury could permissibly infer from the victim's prior possession conviction that he used cocaine on the day of his murder, 2 such evidence was not relevant to Russell's defense of justification. OCGA § 24-2-2; Wilson v. State, 262 Ga. 588, 590-91(4), 422 S.E.2d 536 (1992). Under the facts of this case, the victim's prior possession conviction does not tend to prove a reputation for violence nor the reasonableness of Russell's belief that deadly force was necessary, see Chandler v. State, 261 Ga. 402, 407-08(3), 405 S.E.2d 669 (1991), and the court properly refused to admit such evidence.
3. Russell's remaining enumerations of error challenge the court's charge to the jury on the issues of circumstantial evidence and credibility of witnesses. In McCoy v. State, 262 Ga. 699(2), 425 S.E.2d 646 (1993), we held that when the court inquires whether there are objections to its charge defense counsel may preserve his objections to the charge by making specific objections, reserving his right to object to the charge on motion for new trial or on appeal, or by a combination of making specific...
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Gibson v. State, S16A1507
...at 40–41 (3), 453 S.E.2d 458 (evidence of victim's prior convictions for burglary and obstruction of an officer); Russell v. State , 264 Ga. 121, 122 (2), 441 S.E.2d 750 (1994) (evidence of victim's prior conviction for possession of cocaine); Wells , 261 Ga. at 283 (4) (b), 404 S.E.2d 106 ......
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...no objection at trial to the initial instruction or to the recharges, nor did he reserve the right to do so later. Russell v. State, 264 Ga. 121, 122(3), 441 S.E.2d 750 (1994). What is more, Berry agreed with the court about the need for such reinstruction in response to questions from the ......
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