Bridges v. State ( 2022 )


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    official text of the opinion.
    In the Supreme Court of Georgia
    Decided: August 9, 2022
    S22A0773. BRIDGES v. THE STATE.
    ELLINGTON, Justice.
    Appellant Arleshia Bridges appeals her convictions for malice
    murder and other crimes arising out of the shooting death of
    Anthony Rankins, Jr. 1 Bridges contends that the trial court erred by
    denying her motion for new trial based on the general grounds and
    The crimes occurred on March 1, 2010. Bridges was indicted by a Fulton
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    County grand jury on May 28, 2010, for malice murder (Count 1), felony
    murder (Count 2), aggravated assault with a deadly weapon (Count 3), and
    possession of a firearm during the commission of a felony (Count 4). At a
    December 2012 jury trial, Bridges was found guilty on all counts. On December
    14, 2012, Bridges was sentenced to life in prison for the malice murder of
    Rankins plus an additional five consecutive years to serve in prison for the
    firearm offense. Because the jury found Bridges guilty of malice murder, the
    felony murder count was vacated by operation of law, see Malcolm v. State, 
    263 Ga. 369
    , 371-372 (4) (434 SE2d 479) (1993), and the aggravated assault charge
    that formed the predicate for the felony murder count merged into the malice
    murder conviction as a matter of fact for sentencing purposes. Bridges filed a
    timely motion for new trial, which she amended on May 29, 2015, and October
    30, 2018. The trial court conducted a hearing on the amended motion for new
    trial on November 2, 2018, and denied the motion on December 17, 2018.
    Bridges filed a timely notice of appeal. The case was docketed in this Court for
    the April 2022 term and submitted for a decision on the briefs.
    striking three prospective jurors for cause. For the reasons that
    follow, we affirm.
    Viewed in the light most favorable to the verdicts, the evidence
    presented at trial showed that on March 1, 2010, Bridges was
    arguing with Rankins, her husband of six days, as she followed him
    in her car as he walked down the sidewalk. When Rankins would
    not stop walking, Bridges drove her vehicle in front of him, exited
    her vehicle, and followed him on foot. As Rankins kept walking,
    Bridges stepped in front of Rankins and shot him twice. Bridges
    then shot Rankins three more times as he lay on the ground.
    Rankins died at the scene.
    An eyewitness testified at trial that he saw Bridges following
    Rankins in her car and although he could not hear what Bridges was
    saying, it seemed that they were arguing or “exchanging words.”
    After Bridges stopped her vehicle and obstructed Rankins’s path,
    Rankins walked around the vehicle and continued walking away.
    Bridges, who was visibly upset, then exited her vehicle and followed
    Rankins on foot, telling him, “You ain’t just going to walk away.”
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    Bridges proceeded to pull a gun from her coat, say something to
    Rankins, and shoot Rankins numerous times. A second eyewitness
    testified to virtually the same facts and also testified that when
    Bridges was asked immediately after the shooting if she [Bridges]
    was okay, Bridges stated, “I am now.”
    Bridges returned to her vehicle and drove away after the
    shooting but was quickly detained by police. Police recovered a .357-
    caliber revolver with five empty shell casings from Bridges’s coat,
    which was located in the front seat of her vehicle. Expert testimony
    at trial established that the bullets recovered from Rankins’s body
    were fired from the gun discovered in Bridges’s coat and that
    Rankins’s death was caused by two gunshot wounds to the head and
    one to the chest. Two other bullets entered and exited Rankins’s
    body but were not fatal.
    1. Bridges contends on appeal that the trial court erred by
    denying her motion for new trial because she presented evidence
    that Rankins had been physically and sexually abusive towards her
    and that she shot him “in a panic” when he pulled a knife and she
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    “thought he was going to kill [her].” She argues that, based on this
    evidence, the trial court should have overturned the jury’s verdict
    on the general grounds under a “thirteenth juror” standard. See
    OCGA §§ 5-5-20 and 5-5-21. We see no merit in this assertion of
    error.
    When a defendant challenges a conviction on the general
    grounds under OCGA § 5-5-20 (that the verdict is contrary to the
    evidence) or § 5-5-21 (that the verdict is strongly against the
    evidence), a trial court has broad discretion to sit as the “thirteenth
    juror” and consider certain matters beyond the sufficiency of the
    evidence. See Allen v. State, 
    296 Ga. 738
    , 740 (2) (770 SE2d 625)
    (2015). Additional matters to be considered include conflicts in the
    evidence, the credibility of witnesses, and the weight of the evidence.
    See 
    id.
     However, the decision whether to grant a new trial under
    OCGA §§ 5-5-20 or 5-5-21 is committed solely to the discretion of the
    trial court, and “should be exercised with caution [and] invoked only
    in exceptional cases in which the evidence preponderates heavily
    against the verdict.” Alvelo v. State, 
    288 Ga. 437
    , 438 (1) (704 SE2d
    4
    787) (2011) (citations and punctuation omitted). On appeal from a
    trial court’s denial of a motion for new trial on the general grounds,
    we review the evidence under the standard set forth in Jackson v.
    Virginia, 
    443 U.S. 307
     (99 SCt 2781, 61 LE2d 560) (1979). See Dent
    v. State, 
    303 Ga. 110
    , 114 (2) (810 SE2d 527) (2018).
    Our review of the record in this case demonstrates that the
    evidence presented at trial was sufficient to support Bridges’s
    convictions under Jackson. In addition, it is clear from the trial
    court’s order denying Bridges’s motion for new trial that the court
    understood its discretion to grant Bridges a new trial on the general
    grounds and that it independently reweighed the evidence
    presented at trial. The court’s order specifically states that it
    considered the credibility of the witnesses and conflicts in the
    evidence, as well as the weight of the evidence presented at trial.
    The trial court, therefore, ruled on Bridges’s claim based on its
    independent review of the trial record and found no discrepancy
    between the jury’s conclusions regarding the weight of the evidence
    and credibility of the witnesses and the court’s views of those
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    matters. See Fortson v. State, 
    313 Ga. 203
    , 212-213 (2) (869 SE2d
    432) (2022) (rejecting appellant’s contention that trial court failed to
    review motion for new trial under the thirteenth juror standard and
    concluding the evidence to support the verdict was sufficient);
    Burney v. State, 
    299 Ga. 813
    , 816 (1) (c) (792 SE2d 354) (2016)
    (rejecting appellant’s contention that the trial court failed to review
    his motion for new trial under the thirteenth juror standard).
    Accordingly, this claim of error lacks merit.
    2. Bridges also contends the trial court erred by granting the
    State’s motions to strike three prospective jurors – Jurors 16, 46,
    and 48 – over her objection. See OCGA § 15-12-164 (requiring court
    to excuse for cause any jurors determined to be “incompetent” or
    “substantially impaired in [their] ability to be fair and impartial”).
    We disagree.
    “Whether to strike a juror for cause is a matter committed to
    the sound discretion of the trial court, and we will not find error in
    an exercise of that discretion absent a showing that the discretion
    was manifestly abused.” Carter v. State, 
    302 Ga. 685
    , 686 (2) (808
    6
    SE2d 704) (2017). Such discretion includes the “broad discretion to
    determine a prospective juror’s impartiality and to strike for cause
    jurors who may not be fair and impartial.” Lanier v. State, 
    310 Ga. 520
    , 529 (5) (852 SE2d 509) (2020) (citation and punctuation
    omitted). “A conclusion on an issue of juror bias is based on findings
    of demeanor and credibility which are peculiarly in the trial court’s
    province, and those findings are to be given deference.” 
    Id.
     (citation
    and punctuation omitted).
    Juror 48 initially indicated during voir dire that she did not
    know Bridges, but she later admitted that she worked as a
    maintenance porter at the apartment complex where both she and
    Bridges lived, she considered Bridges to be “an associate,” she had
    had conversations with Bridges, and she would be uncomfortable
    serving as a juror “due to the fact that [she] kind of [knew Bridges
    and had] communicated with her.” Juror 48 also stated, “I kind of
    feel like I’m on [Bridges’s] side.” Although Juror 48 subsequently
    stated that she thought she could listen to the evidence presented
    and the court’s instructions, she also reaffirmed that she was
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    “leaning on [Bridges’s] side” and that when she heard about the
    shooting she “couldn’t believe it” because “from talking to her, from
    me working there and her living there, she was just very nice.” The
    trial court struck Juror 48, after hearing her voir dire responses and
    observing her demeanor, explaining that Juror 48 stated she “knew
    and liked” Bridges and the court was not convinced Juror 48 would
    be able to overcome her admitted “strong bias in [Bridges’s] favor.”
    Juror 16 indicated during voir dire that she could not serve as
    a fair and impartial juror because she had been a victim of domestic
    violence and had had to physically defend herself. She told the court
    she felt she was so biased that she would be unable to give the State
    or Bridges a fair trial. In response to questions related to whether
    she could listen to the evidence the State would present, Juror 16
    responded, “I can listen, but that doesn’t necessarily mean that I will
    agree. I guess my feeling is . . . whomever was the victim, naturally,
    I would probably side for that person. I’m going to side with the
    person who is involved in domestic violence, who was the person who
    took the abuse, because I took the abuse.” When specifically asked
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    whether she could listen to the court’s instructions, Juror 16 said,
    “Yes, I could, but I know in my heart, especially if it was something
    really pertaining to [w]hat happened to me, . . . I’m going to be
    biased.” After considering Juror 16’s voir dire responses as a whole,
    the trial court found her responses established a “leaning or bias” in
    favor of Bridges and excused her for cause.
    Juror 46 similarly indicated she twice had been a victim of
    domestic violence and had had to physically defend herself. She also
    stated she had witnessed a domestic violence dispute between her
    neighbors. Juror 46 testified that she “doubted whether [she] would
    be a good juror,” felt her “emotions could get into the case[,]” and
    thought her life experiences could keep her from being fair and
    impartial because, “[w]hat he did to me, what they did to me was so
    wrong . . . It may play out in my mind, listening to the evidence,
    what happened to me.” When asked by defense counsel whether her
    experiences with domestic violence would prevent her from listening
    to the evidence, Juror 46 gave the example of a domestic dispute she
    witnessed between her neighbors, stating that a neighbor who had
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    beaten his wife “doesn’t have a leg to stand on with me, after I saw
    what he did to her. I don’t want to hear anything he has to say. . . .
    I don’t care what he would have to say.” When asked again whether
    she could listen to the evidence and follow the court’s instructions,
    Juror 46 stated that although she “could hear what the judge asks
    of [her], there was a “very strong possibility” that her emotions
    would affect her ability to be fair and impartial. The trial court
    struck Juror 46 for cause because her voir dire responses indicated
    her emotions could prevent her from complying with the court’s
    instructions.
    We see no abuse of discretion in the trial court’s decision to
    excuse for cause Jurors 16, 46, and 48. Juror 48 was excused based
    on her personal relationship with Bridges and her statements
    demonstrating a bias in Bridges’s favor. Jurors 16 and 46 were
    excused based on their personal experiences with domestic violence,
    as well as their admissions that their prior experiences would make
    it difficult for them to be impartial. We cannot say that the trial
    court manifestly abused its discretion by concluding that the voir
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    dire responses of Jurors 16, 46, and 48 showed a substantial
    impairment in their ability to be fair and impartial, and therefore,
    we discern no error in the trial court’s decision to excuse them for
    cause. See DeVaughn v. State, 
    296 Ga. 475
    , 477-478 (769 SE2d 70)
    (2015) (holding that trial court properly excused for cause
    prospective juror who stated his prior experiences with police and
    prosecutors and discomfort sitting in judgment of others might affect
    his judgment as a juror); Robles v. State, 
    277 Ga. 415
    , 419-420 (4)
    (589 SE2d 566) (2003) (holding that trial court properly struck three
    prospective jurors for cause where first juror stated she would not
    stand in judgment of another despite the court’s instructions, second
    juror stated he did not believe law was applied evenly and that he
    would not be able to determine the relevant facts in the case from
    the evidence, and third juror stated she could not stand in judgment
    of another and would not look at any evidence concerning a burned
    child); Bell v. State, 
    276 Ga. 206
    , 207 (2) (576 SE2d 876) (2003) (trial
    court did not abuse discretion when it dismissed for cause
    prospective juror who worked for a criminal defense firm and stated
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    it would be impossible to give the State a fair trial, despite
    prospective juror’s belief that he could base his verdict solely on the
    evidence and the law).
    Judgment affirmed. All the Justices concur.
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