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Rouse v. State

The trial court improperly expressed or intimated its opinion that venue had been established or was not in dispute, thus the defendant was entitled to a new trial under O.C.G.A. § 17-8-57.

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Appellant Steven Rouse was found guilty of felony murder and robbery in connection with the beating death and robbery of Scott Gillens. His motion for new trial, in which he asserted the general grounds, was denied, and he appeals, arguing that the trial court erred by commenting on the evidence in violation of OCGA § 17-8-57. After reviewing the record and relevant case law, we agree that the trial court’s statement to the venire that the murder “happened in Muscogee County” violated OCGA § 17-8-57 and reverse the judgment of the trial court.1

1. Viewing the evidence in the light most favorable to the jury’s verdict, the evidence presented at trial revealed that Melissa and Missy Conaway showed their boyfriends, Charles Mellinger and Brian Dewberry, sexual text messages sent to them by the victim. While Mellinger and Dewberry stated an initial desire to “jump” the victim, all four individuals eventually formulated a plan to lure the victim to their house so that Mellinger and Dewberry could rob him. Dewberry, who is appellant’s brother, asked appellant to help with the robbery and appellant agreed.

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