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Chatman v. Brown; Brown v. Chatman

The habeas court erred in ruling that the state failed to establish the asportation requirement of Garza v. State, 284 Ga. 696 2008, and in overturning the defendant's conviction and sentence for kidnapping with bodily injury.

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In May 1999, a jury found Derrick Brown guilty of kidnapping with bodily injury, aggravated assault upon a person 65 years or older, robbery by force, and burglary in connection with the beating and robbing of Margaret Logan. Brown’s convictions were upheld on appeal. Brown v. State, 243 Ga. App. 430 533 SE2d 453 2000. In December 2008, Brown sought habeas relief based on this Court’s then-controlling decision in Garza v. State, 284 Ga. 696 670 SE2d 73 2008, which established new factors for assessing the asportation element as required for kidnapping.1 Brown also sought habeas relief based on Brodes v. State, 279 Ga. 435 614 SE2d 766 2005, alleging error in the jury instructions for the reliability of Logan’s identification. Analyzing the Garza factors, the habeas court granted relief and set aside the conviction and sentence for kidnapping. The habeas court denied relief on Brodes grounds, finding that Brodes announced a new procedural rule that did not apply retroactively. In Case No. S12A0674, the warden appeals from the habeas court’s ruling on the Garza issue, and in Case No. S12X0675, Brown appeals from the habeas court’s ruling on the Brodes issue. For the reasons that follow, we reverse in Case No. S12A0674, and affirm in Case No. S12X0675.

S12A06741. Viewed in the light most favorable to support the verdict, the record reveals that:

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