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Brown v. State

The trial court did not abuse its discretion in permitting a witness to testify about the victim's statements regarding deals or meetings with the defendant on the day of his murder or the previous day under the necessity exception to the hearsay rule.

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Following the denial of his motion for new trial, as amended, Christopher Brown appeals his convictions for malice murder and armed robbery in connection with the fatal shooting of Robert Lovelace. Brown challenges the sufficiency of the evidence of his guilt, the admission of certain evidence at trial, and the effectiveness of his trial counsel. Finding the challenges to be without merit, we affirm.1

The evidence construed in favor of the verdicts showed the following. In 2008, Lovelace, a car salesman, was having serious financial difficulties, including massive debt and the impending foreclosures of real property, and he devised a plan to liquidate his 401k and use the proceeds to purchase a large quantity of cocaine, which he planned to sell for profit. A check for the 401 k proceeds in the amount of $21,346.91 was issued to Lovelace. Through his friend and customer, Charles Dixon, Lovelace was introduced to Brown, who was known by the nickname “Show.” Brown arranged to purchase a kilogram of cocaine for Lovelace for between $18,000 and $19,500, and Brown expected to receive a car in exchange for brokering the drug deal. The purchase price of the drugs increased, and the deal began to fall through. Lovelace was fatally shot at a Holiday Inn Express in Gwinnett County on August 27, 2008.

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