No. 22-6952

Brian Duane Brookins v. Georgia

Lower Court: Georgia
Docketed: 2023-03-07
Status: Denied
Type: IFP
IFP
Tags: constitutional-rights criminal-procedure due-process impartial-jury jury-impartiality right-to-counsel sixth-amendment trial-fairness turner-v-louisiana witness-testimony
Key Terms:
AdministrativeLaw SocialSecurity Securities Immigration
Latest Conference: 2023-05-11
Question Presented (AI Summary)

Did the Sheriff's dual role as prosecution witness and custodian of the jury strip Brookins of his constitutional right to an impartial jury and reliable determination of sentence in violation of Turner v. Louisiana, 379 U.S. 466 (1965)?

Question Presented (OCR Extract)

QUESTION PRESENTED In this Georgia death penalty case, the local Sheriff gave key testimony for the State, detailing his investigation of the crime and arrest of Petitioner Brookins. The Sheriff described to the jury how he personally convinced Brookins not to commit suicide and instead hand the murder weapon to the Sheriff and submit to custody without incident. The Sheriff also testified for the State about Brookins’s mental illness and intellectual disability. The same local Sheriff also served as the custodian of the jury during the five-day guilt phase—in which the Sheriff testified—and the two-day sentencing phase. Specifically, the judge introduced the Sheriff to the jury before the trial started. The Sheriff then met with the jurors in the courtroom and addressed the jury off the record. And throughout the trial, the Sheriff oversaw the juror’s breaks, meals, lodging, transportation, and access to phones, computers, televisions, and the Internet. The question presented is this: Did the Sheriffs dual role as prosecution witness and custodian of the jury strip Brookins of his constitutional right to an impartial jury and reliable determination of sentence in violation of Turner v. Louisiana, 379 U.S. 466 (1965)? i

Docket Entries

2023-05-15
Petition DENIED.
2023-04-20
DISTRIBUTED for Conference of 5/11/2023.
2023-04-05
Brief of respondent Georgia in opposition filed.
2023-03-02
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 6, 2023)
2023-01-11
Application (22A623) granted by Justice Thomas extending the time to file until March 2, 2023.
2023-01-04
Application (22A623) to extend the time to file a petition for a writ of certiorari from January 31, 2023 to March 2, 2023, submitted to Justice Thomas.

Attorneys

Brian Brookins
Michael Boland AdmirandSouthern Center for Human Rights, Petitioner
Michael Boland AdmirandSouthern Center for Human Rights, Petitioner
State of Georgia
Patricia Beth BurtonState Law Department, Respondent
Patricia Beth BurtonState Law Department, Respondent