Brian Duane Brookins v. Georgia
AdministrativeLaw SocialSecurity Securities Immigration
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 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