Armour v. State, 722 S.E.2d 751 (Ga. 2012). · Go Syfert
Armour v. State, 722 S.E.2d 751 (Ga. 2012). Cases Citing This Book View Copy Cite
48 citation events (48 in the last 25 years) across 2 distinct courts.
Strongest positive: KIRKLAND v. THE STATE (Two Cases) (ga, 2024-02-20) · Strongest negative: Nazario v. State (ga, 2013-07-11)
Treatment trajectory · 2012 → 2026 · click a year to view as-of
2012 2019 2026
Top citers, strongest first. 20 distinct citers.
discussed Vacated Nazario v. State (2×) also: Cited as authority (rule)
Ga. · 2013 · confidence high
To cite just a few recent examples, see Durden v. State, 293 Ga. 89, 94 ( 744 SE2d 9 ) (2013) (vacating the appellant’s sentence for aggravated assault because that conviction merged as a matter of law into his malice murder conviction); Slaughter v. State, 292 Ga. 573 , 575 & n.2 ( 740 SE2d 119 ) (2013) (vacating the appellant’s sentence for aggravated assault because that conviction merged as a matter of fact into his malice murder conviction); Armour v. State, 290 Ga. 553, 556 ( 722 SE2d 751 ) (2012) (vacating the appellant’s sentence for felony murder, which was vacated by operation …
discussed Cited as authority (rule) KIRKLAND v. THE STATE (Two Cases) (2×)
Ga. · 2024 · confidence medium
See Hayes v. State, 298 Ga. 98, 105 (2) (c) ( 779 SE2d 609 ) (2015) (“The matter of when and how to raise objections is generally a matter of trial strategy.” (citation and punctuation omitted)); Johnson v. State, 294 Ga. 86, 92-93 (7) (b) 25 ( 750 SE2d 347 ) (2013) (counsel’s decision to forgo objection to witness’s testimony in favor of impeaching the witness was reasonable trial strategy and did not support an ineffectiveness claim); Armour v. State, 290 Ga. 553, 556 (2) (c) ( 722 SE2d 751 ) (2012) (finding no prejudice in fleeting introduction of evidence of prior charges because t…
discussed Cited as authority (rule) Suggs v. State (2×)
Ga. · 2021 · confidence medium
However, “‘[s]uch after the fact disagreements about trial counsel’s approach to the case . . . do not amount to a showing of ineffective assistance of trial counsel.’” Armour v. State, 290 Ga. 553, 555-556 (722 SE2d 751) (2012) (citation omitted).
discussed Cited as authority (rule) Mosley v. State
Ga. · 2020 · confidence medium
Mosley, “[h]aving failed to show that an objection to the identifications would have been successful, . . . has failed to establish deficient performance by his trial counsel.” Armour v. State, 290 Ga. 553, 555 (2) (a) ( 722 SE2d 751 ) (2012). (b) Owens, the victim of the uncharged burglary, testified at Brown’s trial; he was cross-examined, and his sworn testimony was transcribed.
cited Cited as authority (rule) Bozzie v. State
Ga. · 2017 · confidence medium
Armour v. State, 290 Ga. 553, 554 (2) ( 722 SE2d 751 ) (2012) (citing Strickland v. Washington, 466 U. S. 668 ( 104 SCt 2052 , 80 LE2d 674) (1984)).
cited Cited as authority (rule) Bozzie v. State
Ga. · 2017 · confidence medium
Armour v. State, 290 Ga. 553, 554 (2) ( 722 SE2d 751 ) (2012) (citing Strickland v. Washington, 466 U. S. 668 ( 104 SCt 2052 , 80 LE2d 674) (1984)).
discussed Cited as authority (rule) Redding v. State
Ga. · 2015 · confidence medium
Moreover, [Redding] failed to demonstrate any connection between [the witness’s] purported first offender status and his motivation to give testimony favorable to the State.” Armour v. State, 290 Ga. 553, 556 (3) (722 5 SE2d 751 ) (2012).
discussed Cited as authority (rule) Redding v. State
Ga. · 2015 · confidence medium
Moreover, [Redding] failed to demonstrate any connection between [the witness’s] purported first offender status and his motivation to give testimony favorable to the State.” Armour v. State, 290 Ga. 553, 556 (3) ( 722 SE2d 751 ) (2012).
discussed Cited as authority (rule) Threatt v. State (2×) also: Cited "see"
Ga. · 2013 · confidence medium
More specifically, the trial court sentenced Threatt to imprisonment for fifteen years for that crime, but OCGA § 16-11-106 — the statute of which Threatt was convicted of violating — only authorizes imprisonment for five or ten years, depending on whether the defendant is a recidivist. 12 See Armour v. State, 290 Ga. 553, 556 (4) ( 722 SE2d 751 ) (2012).
discussed Cited as authority (rule) Joseph Brown v. State
Ga. Ct. App. · 2013 · confidence medium
Inman identified Brown based on the 18 (Punctuation and citation omitted.) Humphrey v. State, 281 Ga. 596, 597 (1) ( 642 SE2d 23 ) (2007). 19 Armour v. State, 290 Ga. 553, 554 (2) (a) ( 722 SE2d 751 ) (2012). 10 lineup.
discussed Cited as authority (rule) Brown v. State (2×) also: Cited "see"
Ga. Ct. App. · 2013 · confidence medium
(Punctuation omitted.) Armour v. State, 290 Ga. 553, 554 (2) (a) ( 722 SE2d 751 ) (2012).
discussed Cited as authority (rule) Chelsea Jackson v. State
Ga. Ct. App. · 2013 · confidence medium
See Toomer v. State, 292 Ga. 49, 58-59 (4) ( 734 SE2d 333 ) (2012) (no prejudice where the improper character evidence consisted of “passing references in . . . police interviews to [defendant’s] probation status, his prior arrest for fighting, and his burglary conviction [and these references] were buried in four long interview videotapes that were played during the testimony of three different witnesses”); Armour v. State, 290 Ga. 553, 556 (2) (c) ( 722 SE2d 751 ) (2012) (the “fleeting introduction” of evidence that defendant had been previously arrested on a “gun charge” and f…
discussed Cited as authority (rule) Jackson v. State
Ga. Ct. App. · 2013 · confidence medium
See Toomer v. State, 292 Ga. 49, 58-59 (4) ( 734 SE2d 333 ) (2012) (no prejudice where the improper character evidence consisted of “passing references in . . . police interviews to [defendant’s] probation status, his prior arrest for fighting, and his burglary conviction [and these references] were buried in four long interview videotapes that were played during the testimony of three different witnesses”); Armour v. State, 290 Ga. 553, 556 (2) (c) ( 722 SE2d 751 ) (2012) (the “fleeting introduction” of evidence that defendant had been previously arrested on a “gun charge” and f…
discussed Cited as authority (rule) Green v. State
Ga. · 2012 · confidence medium
To succeed on any of these claims under Strickland v. Washington, 466 U. S. 668 (104 SC 2052, 80 LE2d 674) (1984), “Appellant must show both that his counsel provided constitutionally deficient performance and that, but for this deficiency, there is a reasonable probability that the outcome of the trial would have been more favorable to him. [Cit.]” Armour v. State, 290 Ga. 553, 554 (2) ( 722 SE2d 751 ) (2012).
cited Cited as authority (rule) Henry v. State
Ga. Ct. App. · 2012 · confidence medium
Armour v. State, 290 Ga. 553, 556 (2) (c) ( 722 SE2d 751 ) (2012); see also Reed v. State, 291 Ga. 10, 15 (4) (b) ( 727 SE2d 112 ) (2012).
cited Cited as authority (rule) Timothy Henry v. State
Ga. Ct. App. · 2012 · confidence medium
Armour v. State, 290 Ga. 553, 556 (2) (c) ( 722 SE2d 751 ) (2012); see also Reed v. State, __ Ga. __ (4) (b) (Case Number S12A0443, decided April 24, 2012).
examined Cited "see" Howard v. State (4×)
Ga. · 2024 · signal: see · confidence high
See Armour v. State, 290 Ga. 553, 554-555 (2) (a) ( 722 SE2d 751 ) (2012) (appellant failed to establish deficient 15 performance where he failed to show that an objection to certain eyewitness identifications of him during photo arrays would have been sustained).
discussed Cited "see" KAUFMAN v. the STATE. (2×)
Ga. Ct. App. · 2018 · signal: see · confidence high
See generally Ventura v. State , 284 Ga. 215 , 218 (4), 663 S.E.2d 149 (2008) ("The failure to pursue a futile objection does not amount to ineffective assistance."). 32 Toomer v. State , 292 Ga. 49 , 59 (4), 734 S.E.2d 333 (2012) ; see Armour v. State , 290 Ga. 553 , 556 (2) (c), 722 S.E.2d 751 (2012) (finding that the "fleeting introduction" of evidence that defendant had been previously arrested on a "gun charge" and for giving false information to a police officer did not create "a reasonable probability that the outcome of the trial would have been different, because the charges were neve…
discussed Cited "see" Willis v. State (2×)
Ga. Ct. App. · 2012 · signal: see · confidence high
See Armour v. State, 290 Ga. 553, 554 (1) ( 722 SE2d 751 ) (2012).
discussed Cited "see" Early Willis v. State (2×)
Ga. Ct. App. · 2012 · signal: see · confidence high
See Armour v. State, 290 Ga. 553, 554 (1) ( 722 SE2d 751 ) (2012).
ARMOUR
v.
State
S11A1614.
Supreme Court of Georgia.
Feb 27, 2012.
722 S.E.2d 751
Brandon Lewis, for appellant., Paul L. Howard, Jr., District Attorney, Paige Reese Whitaker, Christopher M. Quinn, Assistant District Attorneys, Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, Clint C. Malcolm, Assistant Attorney General, for appellee.
Nahmias.
Cited by 20 opinions  |  Published
Pinpoint authority: bottom 29%
NAHMIAS, Justice.

Appellant Demarcus Armour challenges his convictions for malice murder and other crimes in connection with the shooting death of Bernard Glass. We affirm the judgments of conviction, but we vacate the sentence and remand for resentencing.[1]

1. The evidence at trial, viewed in the light most favorable to the[*554] verdict, showed the following. On April 3, 2007, Appellant’s brothers, Montraceus and Demetrius Sims, fought with Jeqavius and Montrez Jones at the Thomasville Heights housing project in Atlanta. Jeqavius Jones shot Demetrius Sims several times in the arm and leg with a 9mm handgun. About an hour later, Appellant and his cousin, co-defendant Damien Norris, jumped out of a van at the housing project and opened fire. Appellant was heard shouting, “I’m going to kill all you f-n-” as he started shooting. Montrez Jones returned fire with his 9mm pistol as Appellant and Norris ran to a breezeway. Multiple witnesses saw two men running from the breezeway while still shooting. A bystander, 16-year-old Bernard Glass, was struck in the back by a .38 caliber bullet as he shielded another child; the wound was fatal. In photographic lineups, at trial, or both, five witnesses identified Appellant as one of the gunmen shooting toward Glass. Police recovered non-9mm shell casings from the breezeway. At trial, Appellant admitted being at the crime scene but denied being a shooter.

When viewed in the light most favorable to the verdict, the evidence presented at trial and summarized above was sufficient to authorize a rational jury to find Appellant guilty beyond a reasonable doubt of the crimes for which he was convicted. See Jackson v. Virginia, 443 U. S. 307, 319 (99 SC 2781, 61 LE2d 560) (1979). See also Vega v. State, 285 Ga. 32, 33 (673 SE2d 223) (2009) (“ Tt was for the jury to determine the credibility of the witnesses and to resolve any conflicts or inconsistencies in the evidence.’ ” (citation omitted)).

2. Appellant raises three separate challenges to the effectiveness of his trial counsel. To succeed on any of these claims, Appellant must show both that his counsel provided constitutionally deficient performance and that, but for this deficiency, there is a reasonable probability that the outcome of the trial would have been more favorable to him. See Strickland v. Washington, 466 U. S. 668, 687-696 (104 SC 2052, 80 LE2d 674) (1984).

(a) Appellant contends that his trial counsel was deficient in failing to seek suppression of multiple eyewitness identifications of him made during photo lineups. However, “due process concerns arise only when law enforcement officers use an identification procedure that is both suggestive and unnecessary.” Perry v. New Hampshire, 565 U. S. _, _ (132 SC 716, 724, 181 LE2d 694) (2012). See also Williams v. State, 286 Ga. 884, 888 (692 SE2d 374)[*555] (2010) (“ ‘An unduly suggestive procedure is one which leads the witness to the virtually inevitable identification of the defendant as the perpetrator, and is equivalent to the authorities telling the witness, “This is our suspect.’”” (citations omitted)).

The record in this case gives no indication that the identification procedures the police used were performed improperly or in an inherently suggestive manner. See Perry, 565 U. S. at_(132 SC at 727) (discussing some improperly suggestive lineup procedures). In addition, three eyewitnesses who testified at trial knew Appellant before being shown the photo lineup and had seen him clearly during the commission of the crimes, and they therefore had an independent basis for proper identification. See Fletcher v. State, 277 Ga. 795, 797 (596 SE2d 132) (2004). Thus, Appellant has not shown that “ ‘the photographic identification procedure was so (unnecessarily) suggestive as to give rise to a very substantial likelihood of irreparable misidentification.’ ” Perry, 565 U. S. at_ (132 SC at 724) (citation omitted). Having failed to show that an objection to the identifications would have been successful, Appellant has failed to establish deficient performance by his trial counsel. See Funes v. State, 289 Ga. 793, 796 (716 SE2d 183) (2011).

(b) Appellant claims that his trial counsel was not adequately prepared for trial based on an alleged failure to properly object when the State violated the discovery statute by disclosing 47 witnesses less than ten days before trial. See OCGA § 17-16-8 (a). We addressed this issue in affirming the conviction of Appellant’s co-defendant, holding that the trial court did not abuse its discretion in refusing to grant a continuance after holding an extensive pretrial hearing in which the State was required to pare down the witness list, defense counsel was given the opportunity to interview the witnesses who were allowed to testify, and other remedial steps were taken. See Norris v. State, 289 Ga. 154, 155-158 (709 SE2d 792) (2011). Because an objection to the late discovery would have been unsuccessful, Appellant cannot establish deficient performance. See Funes, 289 Ga. at 796.

Appellant also contends that his counsel should have subpoenaed Samuel Knight, whom Appellant alleges was the real shooter, to testify for the defense at trial. However, no evidence in the record shows that Knight would have agreed to testify or that his testimony actually would have been favorable to Appellant. See Long v. State, 287 Ga. 886, 890 (700 SE2d 399) (2010). The record evidence supports the trial court’s overall conclusion that Appellant’s counsel was adequately prepared for trial and that his preparation did not result in prejudice, particularly in light of the strong evidence against Appellant. See Norris, 289 Ga. at 158. See also Reed v. State, 285 Ga. 64, 66 (673 SE2d 246) (2009) (“Such after the fact disagree[*556] ments about trial counsel’s approach to the case ... do not amount to a showing of ineffective assistance of trial counsel.”).

(c) Appellant contends that his trial counsel was ineffective in raising his bad character by eliciting, on direct examination of Appellant, an answer that mentioned his prior arrest for giving false information to the police and a “gun charge.” If this evidence was not admissible by the State on cross-examination, trial counsel might have been deficient; while the State argues that Appellant’s criminal history would have been admissible to impeach him under OCGA § 24-9-84.1, that rule allows impeachment only by evidence of convictions (and adjudications of delinquency), not arrests or other charges. In any event, we cannot say that the fleeting introduction of the prior charge evidence created a reasonable probability that the outcome of the trial would have been different, because the charges were never mentioned again during the trial, Appellant was impeached on other grounds, and the evidence against him was strong.

3. Appellant contends that the trial court erred by preventing him from impeaching prosecution witness Travis Morris with his first offender probation status to show the witness’s bias in favor of the State. However, no evidence was ever offered or proffered to show that Morris actually was on probation at the time of trial. Moreover, Appellant failed to demonstrate any connection between Morris’s purported first offender status and his motivation to give testimony favorable to the State. “Without some evidence showing the connection between [the witness’s] first offender status and his desire to shade his testimony to curry favor with the State, the trial court did not abuse its discretion in prohibiting the cross-examination.” Sanders v. State, 290 Ga. 445, 447 (2) (721 SE2d 834) (2012).

4. The jury found Appellant guilty of all the crimes charged in the indictment, including malice murder and felony murder, aggravated assault, and possession of a firearm during the commission of a felony. The trial court properly merged the aggravated assault conviction but sentenced Appellant to three terms of life in prison based on the malice murder, felony murder, and firearm convictions. Although not enumerated as error, the felony murder conviction was vacated by operation of law, see Malcolm v. State, 263 Ga. 369, 371-372 (434 SE2d 479) (1993), and the firearm possession sentence far exceeds the statutory maximum, see OCGA § 16-11-106 (b), (c) (providing for a term of imprisonment of five or ten years, depending on recidivism). Accordingly, Appellant’s sentence must be vacated and the case remanded for resentencing, as was done in his co-defendant’s case. See Norris, 289 Ga. at 155.

Judgment affirmed in part and vacated in part, and case remanded for resentencing.

All the Justices concur. [*557] Decided February 27, 2012. Brandon Lewis, for appellant. Paul L. Howard, Jr., District Attorney, Paige Reese Whitaker, Christopher M. Quinn, Assistant District Attorneys, Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, Clint C. Malcolm, Assistant Attorney General, for appellee.
1

The crimes occurred on April 3, 2007. On August 10, 2007, Appellant was indicted in Fulton County for malice murder, felony murder, aggravated assault, and possession of a firearm during a felony. On June 18, 2009, after a five-day trial along with co-defendant Damien Norris, the jury convicted Appellant of all charges. The trial court merged the aggravated assault conviction into the malice murder conviction and sentenced Appellant to[*554] three concurrent terms of life in prison. On June 29, 2009, Appellant filed a motion for new trial, which he amended on August 16, 2010. After a hearing on March 17, 2011, the trial court denied the motion on March 29. Appellant filed a timely appeal, and the case was docketed in this Court for the September 2011 term and submitted for decision on the briefs.