Pullen v. State

The trial court did not improperly express an opinion as to the defendant's credibility by tailoring an impeachment charge to reflect a specific reference to the defendant.

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Richmond County charged Charles Pullen with armed robbery,1 hijacking a motor vehicle,2 and possession of a firearm during the commission of a crime.3 Following a jury trial, he was convicted of robbery by force,4 as a lesser-included offense of armed robbery, and theft by taking,5 as a lesser-included offense of hijacking a motor vehicle; he was acquitted of possession of a firearm during the commission of a crime. Pullen appeals the denial of his subsequent motion for new trial, arguing that the trial court erred 1 by allowing the State to ask leading questions of a prosecution witness in violation of his confrontation right; 2 by admitting evidence of third-parties’ identifications of Pullen; and 3 in charging the jury. We affirm, for the reasons that follow. Construed in favor of the verdict,6 the record shows that Bradley Scott Denson drove to the bank one day, accompanied by Pullen, whom Denson knew as “Shy.” When Denson went into the bank, he left his keys and Pullen in the car. After Denson returned home, he discovered that the key to his apartment was missing. Approximately a week later, on September 29, 2007, Denson’s laptop computer, a CD player, his book bag, and a small amount of money were taken from his residence. Denson told police that he thought Shy had committed the burglary.

On October 5, 2007, at approximately 12:30 p.m., Pullen and three other men knocked on Denson’s door, and Denson let them into his apartment. One of the men had a gun, and another had a knife and was wearing a black bandana over his face. Pullen questioned Denson about whether he gave Pullen’s name to the police as a suspect in the previous robbery and asked whether Denson thought Pullen committed the robbery. The three men who accompanied Pullen attacked Denson, punching and kicking him, and the men took Denson’s wallet, his cell phone, posters, food, beer, DVDs, a gaming device, and video games. Pullen took the key to Denson’s Chevrolet Cavalier off of his key ring, and the men took the Cavalier.

Pullen v. State

The trial court did not improperly express an opinion as to the defendant's credibility by tailoring an impeachment charge to reflect a specific reference to the defendant.

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