X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Nevarro Brinson and Temyarance Johnson, who were both Marine Corps reservists, were jointly tried for malice murder, conspiracy to commit murder, felony murder, and possession of a firearm during the commission of a felony stemming from the shooting death of Demarcus Waddell. Brinson and Johnson were convicted on all counts and both were sentenced to life in prison for malice murder and to five consecutive years for the firearm offense, with the other convictions vacated or merged.1 We have already affirmed Johnson’s convictions. See Johnson v. State , 287 Ga. 767 700 SE2d 346 2010. On appeal, Brinson contends, among other things, that the trial court erred in denying his motion for new trial based on newly discovered evidence. Finding no merit to this contention or to the other issues Brinson raises, we affirm. 1. Viewed in the light most favorable to the verdict, the evidence, which is set forth in detail in Johnson , 287 Ga. at 767-768, authorized a rational trier of fact to find beyond a reasonable doubt that Brinson and Johnson conspired to kill Waddell because he had once dated and remained close friends with Johnson’s girlfriend and that Brinson shot and killed Waddell in front of the pizza store where Waddell worked. The evidence therefore is sufficient to support the verdict. See Jackson v. Virginia , 443 U. S. 307, 318-319 99 SC 2781, 61 LE2d 560 1979.

2. Brinson contends that the trial court erred in denying his motion to sever his trial from Johnson’s. We disagree. In a murder case where the death penalty is not sought, the trial court has broad discretion to grant or deny a motion for severance. In ruling on a severance motion, the trial court should consider: 1 the likelihood of confusion of the evidence and law; 2 the possibility that evidence against one defendant may be considered against the other defendant; and 3 the presence or absence of antagonistic defenses. It is not enough for the defendant to show that he or she would have a better chance of acquittal at a separate trial or that the evidence against a co-defendant is stronger. Rather, the defendant must show clearly that a joint trial will prejudice his or her defense, resulting in a denial of due process. Krause v. State , 286 Ga. 745, 749 691 SE2d 211 2010 citations omitted.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
September 06, 2024
Johannesburg

The African Legal Awards recognise exceptional achievement within Africa s legal community during a period of rapid change.


Learn More
September 12, 2024
New York, NY

Consulting Magazine identifies the best firms to work for in the consulting profession.


Learn More

JOB DESCRIPTION SUMMARY Pulsar Title Insurance Company Inc., a commercial and residential title insurance underwriter based in the Bato...


Apply Now ›

RECRUITMENT BONUS Newly hired employees from this recruitment may be eligible to receive bonus payments up to $3,000!* FLEXIBLE SCHEDULE: ...


Apply Now ›

Morristown, NJ; New York, NY Description: Fox Rothschild has an opening in multiple offices for a Counsel in our Litigation Department. The ...


Apply Now ›
06/27/2024
The American Lawyer

Professional Announcement


View Announcement ›
06/21/2024
Daily Business Review

Full Page Announcement


View Announcement ›