Anderson v. Georgia

James Anderson was found guilty of felony murder and other crimes arising out of the shooting death of Franklin Burch. Appellant argued the trial court erred in denying his motion for new trial because during voir dire one of the jurors, identified by his initial “H.,” improperly concealed his connection to the case and his bias toward the victim. Appellant contended a defendant is entitled to a new trial based on juror misconduct if the defendant is able to demonstrate that: “(1) the juror failed to answer honestly a material question on voir dire and (2) a correct response would have provided a valid basis for a challenge for cause.” Appellant also argued he received ineffective assistance of trial counsel because in his opinion, trial counsel: (1) failed to ask questions on voir dire that would have uncovered the reasons why juror H. was not qualified to sit on the jury, including the extent of his relationships with persons involved with the case, his personal bias, and his personal handling and viewing of evidence; and (2) failed to conduct an adequate investigation of the defense that the rifle fired accidentally as a result of a struggle between appellant and the victim, and in failing to present expert testimony that would have supported that defense. Finding no reversible error, the Georgia Supreme Court affirmed Anderson’s conviction. View "Anderson v. Georgia" on Justia Law