Adkins v. State
Adkins v. State
Opinion of the Court
The appellant, DemetricAdkins (“Adkins”), along with his brother, Marlon Adkins (“Marlon”), and his cousin, Kevin Adkins (“Kevin”), were charged with aggravated assault and murder, stemming from the shooting death of Charles Givens.*
1. As more fully set forth in the previous two Adkins cases,
2. Adkins contends that the trial court erred by denying his motion to sever his trial from that of his co-defendants. To prevail on this claim, Adkins has the burden to show that the joint trial resulted in clear prejudice and a denial of due process.
Adkins contends primarily that the fact that the co-defendants all had the same last name very likely led to confusion by the jury and that his trial thus should have been severed. Marlon, however, made this same contention on his appeal.
Each of the co-defendants was jointly charged with the same offenses, and the evidence established that the offenses were committed simultaneously. Accordingly, there was no danger of confusion as to the law and evidence applicable to each, as virtually all of the evidence tended to show their joint guilt. Nor is severance mandated, as [Marlon] suggests, solely because each of the three defendants shared the same last name. See Berry v. State, 267 Ga. 605 (9) (481 SE2d203) (1997); Haynes v. State, 199 Ga. App. 288 (7) (404 SE2d 585) (1991).8
Moreover, Adkins points to no evidence that was admissible against Marlon or Kevin that the jury might have improperly considered against him,
For the foregoing reasons, we conclude that Adkins has failed to carry his burden to show prejudice and a denial of due process from the joint trial. The trial court thus did not err in denying his motion to sever.
Judgment affirmed.
The crimes were committed on October 16, 2002. Adkins was indicted on February 26, 2003, for malice murder and aggravated assault. On October 17, 2003, a jury found Adkins guilty of both crimes. On October 24, 2003, Adkins filed a motion for new trial, and on June 23, 2004, Adkins filed an amended motion for new trial. On February 6,2006, the trial court denied Adkins’s motion for new trial, as amended. On February 16, 2006, Adkins filed a notice of appeal, and on June 15,2006, the appeal was docketed in this Court. The case was subsequently submitted for decision on briefs.
Adkins v. State, 279 Ga. 424 (614 SE2d 67) (2005).
Adkins v. State, 280 Ga. 761 (632 SE2d 650) (2006).
Adkins, 279 Ga. at 424-425; Adkins, 280 Ga. at 761.
Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979).
Adkins, 279 Ga. at 426.
Id. at 426 (in ruling on a defendant’s motion to sever, one factor to consider is whether there is evidence admissible against other defendants that will be considered against him despite the trial court’s instructions).
Reference
- Full Case Name
- ADKINS v. State
- Status
- Published