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Braley v. State

The prosecutor's closing argument asking the jury to imagine what the victim felt like did not require reversal since there was no reasonable probability that the improper argument influenced the jury's sentencing choice.

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A jury found Leeland Mark Braley guilty of malice murder, an alternative count of felony murder, kidnapping with bodily injury, armed robbery, and aggravated battery. The jury recommended a death sentence after finding beyond a reasonable doubt that the murder was committed while Braley was engaged in the commission of a kidnapping with bodily injury and of an armed robbery, was committed for the purpose of receiving money or any other thing of monetary value, and was outrageously or wantonly vile, horrible, or inhuman in that it involved depravity of mind and aggravated battery to the victim. See OCGA § 17-10-30 b 2, 4, and 7. Braley’s motion for new trial was denied and he appeals. For the reasons set forth below, we vacate the conviction and sentence for aggravated battery, and we affirm the other convictions and sentences.1

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