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White v. State

Trial court was authorized to strike a potential juror who stated initially that he could not be fair and impartial due to a misunderstanding with police, even though he stated later that he could be fair and impartial.

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A DeKalb County jury convicted co-defendants Andre White and Johnny Moore of two counts of aggravated assault. They were sentenced to concurrent sentences of fifteen years to serve. Separately, they now appeal upon the superior court’s denial of their motions for new trial. Because the claims of the co-defendants arise upon the same facts, we have consolidated their cases for disposition on appeal. Held:

Viewed in a light most favorable to the jury’s verdicts, the evidence shows that in the early morning hours of December 22, 1996, Deanthony Moore, Melvin Lowe, and Bruce Riggins were sitting in Deanthony Moore’s car at an Atlanta convenience store. As they were doing so, co-defendant Johnny Moore approached the vehicle on foot, opened the driver’s door, and shouted the words, “What’s up Mother expletive deleted” at Deanthony Moore. Co-defendant Moore then began firing a handgun into the occupants of the car. Bruce Riggins ran from the scene as the shooting began. From his position standing in front of the car, co-defendant Andre White joined co-defendant Moore in the shooting, firing multiple shots into the car and, in particular, at Deanthony Moore’s head. When the shooting stopped, Deanthony Moore had been wounded six times in his legs. Riggins and Lowe escaped without injury. Deanthony Moore identified the defendants as the perpetrators in court. Investigator Geraldine Carawan testified that Deanthony Moore had earlier identified Johnny Moore in a pretrial photographic lineup. Investigator Carawan further testified that Riggins and Lowe also identified the defendants as the perpetrators in pretrial photographic lineups she showed them separately.

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